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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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Hello, I have a client who came to the U.S. from Mexico

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Hello,

I have a client who came to the U.S. from Mexico in 1988, over 25 years ago. The father was caught crossing twice into the U.S. from Mexico in 1998 and January 2001, over 12 years ago. He applied for permanent residency with a priority date of April 11, 2001 through his U.S. Citizen brother. His petition was approved in June 2005. His spouse is also undocumented. I was planning to file an I 600 through his U.S. Citizen son. His wife can file an I 600 because her mother is elderly, a naturalized U.S. Citizen and is dependent on the care of the family, both husband, wife, 21 year old brother and 17 year old daughter.

Could I submitt for Husband and Wife a Joint Petition?

Would husband be looking at a permanent bar because of being caught twice while trying to illegaly enter the county or would he qualify for the I-245i amnesty since the Petition through his brother was filed before the end of April 2001?

Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

What do you mean by you were "planning to file I 600 through the US citizen son"? The I-600 is for orphans. Who is the orphan? Are you talking about the I-601 Waiver?

Where is the father now? Has he been in the US continuously since December 21, 2000?

Customer: replied 3 years ago.


Hi James, Sorry, I meant an I-601 Waiver with an I-130 petition. Yes, the father has continuously resided in California since January 2001 (not December 2000).

Hi Patrick,

Thanks for your patience.

QUESTION: Would husband be looking at a permanent bar because of being caught twice while trying to illegally enter the county or would he qualify for the I-245i amnesty since the Petition through his brother was filed before the end of April 2001?

ANSWER: Unfortunately, he is not eligible for relief under 254i. He had to be physically in the US from December 21, 2000 until the present, in order to qualify. He entered in January 2001, and therefore is not eligible for the relief.

Moreover, he is subject to the permanent bar because of his entry and attempted reentry to the US. There is a waiver of the permanency of the bar, but the waiver is available only after 10 years have passed since the date of the alien's last departure from the United States. The waiver is requested by filing form I-212, Permission to Reapply for Admission. Again, he has to wait at least 10 years after he last leaves the US before he is eligible for the waiver.

QUESTION: Could I submit for Husband and Wife a Joint Petition?

ANSWER: Each case is a different case and a different alien subject. They require separate petitions and visa application, and therefore separate I-601s.

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