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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3374
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I had a petition through my husband. He was a legal resident

Customer Question

Hi, I had a petition through my husband. He was a legal resident and he did a petition to make me a legal resident. he passed away. I was told I would be able to still finish my case under section 204(I) but at the appointment I was denied the green card. They said because I was supposed to get a forgiveness or have my appointment in Mexico but they were the one that scheduled me here. In that case, can I appeal or reapply?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 10 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

I'm so sorry about your husband and this unfortunate situation. They scheduled you here because USCIS cannot give you legal advice. They do not know the details of your case when they schedule you for an appointment. It is your responsibility to figure out if you are taking the right path unfortunately.

How did you enter the US? What year did your husband petition for you?

Customer: replied 10 months ago.

ah ok. I came with a tourist visa. My husband filed a petition for me in October 2012, he passed in February 2013 and my appointment was august 2015

Expert:  Jennifer Marie, Esq. replied 10 months ago.

And he was a US resident not a US citizen?

Customer: replied 10 months ago.

correct

Expert:  Jennifer Marie, Esq. replied 10 months ago.

Yes, unfortunately that is why they told you that you would have to get a waiver or leave the US for an appointment in Mexico. They are correct because a person who is here illegally as you are right now, can only get their legal residency inside the US if they marry a US citizen. Since your husband was only a resident, even if he had not passed, you would not be able to get your residency inside the US. He would have needed to become a US citizen first and then you could get your residency inside the US. The other choice is for you to attend an appointment interview in Mexico and once you are there- it's a 2 step process: you would need to ask for a humanitarian reinstatement of the original petition from your husband since he has passed and then if that is approved, you would need a waiver for all the time that you spent inside the US illegally (without status). That is the I-601 waiver but in order to be approved for that you will need to have a new US citizen or resident spouse or US citizen or resident parents. Otherwise it will be denied.

You can appeal the recent decision that you received but you would lose because unfortunately, USCIS was right.

Here is information on humanitarian reinstatement and the I-601 waiver if you decide to leave the US:

https://www.uscis.gov/green-card/green-card-through-family/humanitarian-reinstatement

https://www.uscis.gov/i-601

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