I am a born american. i married a man 3 years ago who swam from Guatemala 7 years ago. we have a 1 year old daughter. my husband was caught in texas when swimming and they released him on a year visa when the year was up he was meant to go to court to be deported and he never showed. so my husband currently has deport status. all the lawyers tell me there is nothing i can do other than have my husband go back to guatemala and wait for 10 years then petition for him, unfortunately that is not an option because my husband is the only bread winner in his entire family in Guatemala and we send them money weekly just to eat and have electric. Has anyone had a similar situation that can advise to what we should do? my husband is in no rush to get papers its me worried that something could happen and he'll get deported. He has never been in any trouble here with the police other than when he was caught in Texas. Please Advise. Desperately seeking advise.
2007-09-19 15:29:50 · 21 answers · asked by Melissa Ramos 1 in Politics & Government ➔ Immigration
Retaining an attorney will be helpful to you in this situation.
You can file what is called the "Application for Waiver of Ground of Inadmissibility" otherwise known as a I-601 hardship waiver. Your husband however must be back in his home country for you to do this. Of course beffore you can file this waiver, you must have petitioned him for the I-130 Petition for Alien Relative....it will be denied as he entered the country uninspected.
Once the I-130 is denied ONLY THEN can you file the I-601 waiver. Mind you, This can take up to 18 months and he will have to attend a interview at the US consulate in Guatemala. You will also have to write a Hardship letter describing why he should be admitted and what the hardship is. if accepted, he will be allowed to enter the US and then to adjust his statue to a legal resident. This is a long process...but this may be the ONLY legal process you may have and it will seperate you from your husband for a long period of time....and even then there is no gaurantee they will grant him admission back into the US. Sorry, I wish I could help you more...however, check out the links below on the Application for Waiver of Ground of Inadmissibility:
http://www.uscis.gov/files/form/I-601instr.pdf
http://www.uscis.gov/files/form/I-601.pdf
I wish you both good luck!
Dont just ask any attorney to help you, you need a attorney who specializes in Immigration Law!!
2007-09-19 15:52:04 · answer #1 · answered by Anonymous · 9⤊ 2⤋
Get a lawyer that has experience with the "pardon letter" or waiver 601. Make sure you have enough reason how the American Citizen would suffer from the separation. Him supporting his family in Guatemala is not important for them. Only what the American Citizen suffering will be important. Like if you or the child have any documented illness like clinical depression, and how bad you will be if he was gone. I am in a similar case, and very worry about going to Guatemala not knowing when my husband could come back, my prayers are with your family. No man should separate what God has united in marriage. Marriage is a sacred union.
also I dont think a marriage would survive such a long separation. Lord have mercy upon the many families suffering for this cases. cristiana1987@aol.com
2007-09-22 09:17:24 · answer #2 · answered by Want to be whole again 1 · 0⤊ 1⤋
that's the issue he does not care that he is illegal there for why rush so why he gets deported and he will because karma always catches up with you its his fault not yours like the lawyer and everyone else says he has do to what he has to do then try again and do it right in the future as for him not being able to go back because he is the bread winner well maybe its time you get some independents and get ready for when that day come so u will have a job and money saved as a cushion and you will have saved your self some stress by already having a job I'm sorry but being illegal and not caring one bit gets no pitty from me I'm a immigrant also and i am working legally and i have nothing to worry about other then paying taxes because i took the proper precautions to get legal to avoid things like this and if yall would have done it right you would not be stressing this now i really hate to sound harsh and mean but why should those who break the law get special treatment because there not from here but he chose to come here to make a better life there for you take the right precautions in the beginning to avoid this in the long run now all the illegals where i work are working and sending money home every week so eventually they will go back when they have saved up enough to live good on and all cultures do this
2007-09-19 17:19:54 · answer #3 · answered by Anonymous · 4⤊ 1⤋
Consider this: You speak English; he speaks Spanish (& maybe English). He's a good worker; you're a good mom...right so far?
Consider Costa Rica! Did you know that they have the most promising natural energy reserves in the world for their size? Geothermal. Off-shore wind-turbine. Micro-algae cultivation and harvesting. They're polite, considerate, modern, and... get this: NO GANG VIOLENCE IN COSTA RICA!!!!
Really!!! Even neighboring nations are studying to determine why gang activity is so low compared to Guatemala, El Salvadore, Panama and Honduras. Their education levels are higher, which is great for your daughter and you'll have no problem flying back and forth to the states because CR has a great relationship with the U.S.
Think about it. If your husband really is the great guy you say he is then he should have no prob getting in and making things work. If they stop him, YOU can visit him NEXT DOOR! In Guatemala.
2007-09-19 16:15:14 · answer #4 · answered by Anonymous · 6⤊ 1⤋
All the legal eagles are correct. There is no way of getting him legal now. He must go home and apply thru the proper channels to come into this country legally. It will be much harder on him if they catch him and then deport than if he just goes home. You and your daughter are free to go with him, of course, but at your own expense.
2007-09-19 18:02:59 · answer #5 · answered by Anonymous · 2⤊ 0⤋
i agree with notadummyrat get ready to move and save to do so by not sending money to his family. times are tough all over the world. the two of you took a chance and it doesn't look too good. that is why you don't go to a country illegally as your right to be or stay there does not exist. beyond that for the two of you to get yourselves in the jam you are in is one thing but it was mighty selfish to throw a kid into the mix. now to be together you run the risk of her not growing up in the U.S. or she will be without her dad.
2007-09-19 16:24:54 · answer #6 · answered by T 4 · 5⤊ 0⤋
Other than being caught in Texas and failure to appear in court (which probably means he has an outstanding warrant), illegally entering the country and probably some work related issues like tax evasion or social security fraud/identity theft. You should listen to your attorneys. There is a reason that all of the lawyers you have talked to have told you the same thing.
2007-09-19 15:51:15 · answer #7 · answered by Lori K 7 · 6⤊ 2⤋
So he swims in illegally...skips his court date... you marry him and pop a kid... his family back in Guat are all non-workers...he, on the other hand, is working ILLEGALLY, supposedly... he's in no rush to get papers... ummm...
Quite the fairy tale.
How about, instead of sending your MONEY to Guat, save it up, pack up and move YOURSELVES to Guat into the loving embrace of his family, and use your money to start a business and gainfully employ his family. That way, you'd be helping the Guat economy and his family at the same time. There'd be less swimming that way.
2007-09-19 16:46:33 · answer #8 · answered by Anonymous · 5⤊ 0⤋
Your situation is a prime example of why Americans are getting more intolerant of the illegal's plight. You should not have married an illegal alien. You made your bed, now the US Citizen is going to have to pay for it.
2007-09-19 20:24:15 · answer #9 · answered by shespeaks! 3 · 6⤊ 0⤋
Why do you expect any one here who's not even qualified professionally to give you advice when the lawyers you talked to already told you "no can do"?? I don't mean to sound cruel like this but if every one could just break the law first and hope to find a way to avoid the punishment because their family needs them, then there would not be the U.S. as we know it. Every inmates in the prison could tell you how much their family needs them and misses them, does that mean the system should give all of them a break????
Mexme2day:
with people like you does this country really need any enemies?
Do you mean that we shouldn't call those who killed people killers either? Because it just sounds so harsh and is only used by those who are prejudiced by their sense of justice and order, or those who lost their loved ones....how about we just call those who killed people ....ehh.... "Life Snuffers"??? I mean this one sounds fluffy and cozy, without an ounce of hostility towards anyone.......
I see you are asking every one about a way out for your husband and you mentioned to others that he speaks perfect English, so why is it that he doesn't ask for help himself??
why is that he doesn't even have the decency to take it like a man????
2007-09-19 15:47:17 · answer #10 · answered by Anonymous · 6⤊ 4⤋