Is my wife a good candidate for a i-601 visa? 4 Answers as of March 28, 2011

I am a born citizen of the U.S., but my wife entered the country illegally.We have been married for 7 years and have two children. Do you think our chances are good to get approved for the I-601 waiver? She is from Mexico.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I would need to know a lot more to determine whether your wife has a strong chance for I-601 waiver approval and would first want to assure myself and you that this is necessary and she is not qualified to file in the U.S. under Sec. 245(i). Assessing a waiver involves many different factors but certainly having two U.S. citizen children and a spouse are strong factors. We must show it would be an extreme hardship to you to move to Mexico for ten years AND it would be an extreme hardship on you to be separated from your wife for 10 years.

Our waivers include a Home and Background study which encompasses your finances, extended family, employment and many other factors which go into the equation. We will need to know if she has any criminal record, was she ever stopped at the border before entering successfully, did she ever return to Mexico or leave the U.S. after entering illegally and accruing unlawful presence. Assuming she is required to process at the consulate and needs a waiver the steps and fees are as follows:

1) File I-130 petition with supporting documentation to establish a place in line show you are a U.S. citizen, she is your spouse, and you have entered into a good faith marriage. About 5 months. $(attorney fees) + $420 (USCIS filing fee) + $ (costs) + $ (translation of foreign language documents).

2) Approved I-130 is sent to the National Visa Center in New Hampshire which coordinates with the consulates all around the world. They collect fees for immigrant visa processing, all Department of State forms and forward the case to Ciudad Juarez (CDJ) for interview. About 2-4 months.

Since Guadalupe is out of status he must process his case overseas. Once he goes overseas he triggers a 10 year penalty before he can come back unless he gets a waiver showing it would be a hardship on you to a) be separated for 10 years and b) to move to Mexico for 10 years. a. Second stage immigrant visa processing $(attorney fees) + $492 (DOS filing fees) + $ (costs). b. Home and Background study with Social Worker for the Waiver packet $ paid to the Social Worker

3) Waiver case $ (attorney fees) + $(costs).

4) Medical and interview scheduled at U.S. consulate in Ciudad Juarez. Medical done about a week before interview.

At interview your wife will be advised she is inadmissible and will need a waiver she and we already know this. She tells them yes she understands and they will give her a phone number to call (or you can call) to schedule a date to present her waiver packet there is not an interview right now this is about 1 to 2 months after the immigrant visa interview. She is then free to go elsewhere in Mexico and return to CDJ on her waiver date. a. Medical fee $400-$900 depending on what vaccinations are not current (may be additional fee if drug and alcohol screening required) paid to doctor in Ciudad Juarez b. USCIS Waiver fee $585 paid in CDJ.

5) She presents her waiver packet which is often (not always) adjudicated within a day or so.

If not approved they will advise her what additional information is requested and would mean she may be in Mexico for a longer time. If approved, she is sent back to the consulate to pick up her passport and new immigrant visa and enters the U.S. Her permanent resident card is mailed within 1-2 weeks.

Let me know your plans and be assured we will guide you through the process. After consulting with you on your wifes case specifically I can quote you the attorney fees for each stage of the process. We look forward to working with you on your wifes permanent residency. You may schedule a consultation by contacting me as indicated below.

We do charge for consultations but this fee would then be credited toward the fees for your case if you retain us to move forward on any immigration matters on your behalf.
Answer Applies to: California
Replied: 3/28/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Being granted a waiver is based on many factors, and your wife must show that you will suffer extreme hardship if the waiver is denied. Merely, telling USCIS that you have been married for 7 years and have 2 children will not be enough. The hardship that you will endure must be detailed and supported by evidence. Unfortunately, many people depart the U.S. thinking that merely filing a waiver form is enough for it to be granted. Our office spends hours preparing waiver packets and supports it with dozens of exhibits and many times hundreds of pages of evidence.
Answer Applies to: California
Replied: 3/25/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, not without a credible showing of extreme hardship on your part if she's deported to Mexico, which you probably will NOT be able to demonstrate to the satisfaction of the USCIS.
Answer Applies to: Virginia
Replied: 3/24/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
I am happy to do a consult with you to determine if she has a strong case or not. It takes me an hour to an hour and a half to really get a full picture of whether or not you both have a good case. My flat fee for a consult is $150. Please phone my office if you are interested!
Answer Applies to: California
Replied: 3/24/2011
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