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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12035
Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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I have been married to my wife for 7 years and we have 2 kids

Customer Question

I have been married to my wife for 7 years and we have 2 kids together.she came from mexico illegally , I file her on my taxes for the last 5 years using a I-tin # XXXXX we stop the
paperwork years 6 years ago cause we was expecting our first child and didn't want to go to Juarez and back to mexico,and have been waiting since for immigration reform. we want to try again I have had a couple surgerys and was thinking of the hardship form but are confused on what form to fill out or keep waiting for reform.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 9 months ago.

Hello and thank you for using our service. My name is XXXXX XXXXX X am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Has anyone else ever filed an application with immigration for her OR her parents?

Customer: replied 9 months ago.


only I have started filing for her in 2006 and then stopped due to her pregnancy and then hoping the first wave or reform might get passed so she could hopefully adjust status here

Expert:  Georgetown Lawyer replied 9 months ago.

She would still need a waiver because she is here illegally and has unlawful presence. The new provisional waiver law that went into effect this year will allow her to apply for the provisional waiver here by filing form I-601A, along with the I-130 and I-485 forms for the green card BUT if she gets approved for the waiver she still has to go to the embassy in Mexico for the interview to get her green card. Supposedly this new rule is designed to help her be out of the u.s. for less time. Before she would have to apply for the waiver at the embassy and could be waiting for up to a year. Now getting the waiver approved here allows her to just go to Mexico for the green card interview. I am still not so sold on this new rule because there have not been a lot of cases yet that have been finalized and I am not yet convinced there is not a risk when people leave the u.s. that they may not be allowed to return and then they are stuck.

 

If you don't want to take any risk then you need to wait for immigration reform, otherwise this is the other option. I hope this helps clarify. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!

Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12035
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Georgetown Lawyer and 4 other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

At this point with Congress bringing up the immigration bill again would it be beneficial to go ahead and get her in the system or just wait for this immigration bill to pass

Customer: replied 9 months ago.

at this point with immigration billed being brought up again would It be beneficial for her to go ahead and start filing to get in the system or just wait for the bill to pass

Expert:  Georgetown Lawyer replied 9 months ago.
You can at least file the I-130 and get that approved. Then you can wait to see what congress does or whether to apply for the provisional waiver. Whatever you do, the first step is the I-130 so you can do that right now. I hope this helps clarify. thanks and best regards.

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