Immigration Law Questions? Ask an Immigration Lawyer.
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Has anyone else ever filed an application with immigration for her OR her parents?
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
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!
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
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
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