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my grandson is married a woman who has lived here in the united…

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my grandson is married a...
my grandson is married a woman who has lived here in the united states (with her family that brought her here from guatemala.) she has been here in california for about 12 years and she and my grandson have been married about a year.he is in the navy and they desperately want to get her legalized and there is so much conflicting information, what can we do...can we (as a family) sponsor her until she is legal? what can we do?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 3 hours by:
6/16/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,926
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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It all depends on how she entered the U.S. Did she enter illegally or with a visa? If she used a visa, which visa was it?
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Customer reply replied 8 years ago
her whole family entered illegally. i have heard something called sponsoring a person, is that an option?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Unfortunately, the only forgiveness that existed for entering illegally was under INA 245(i) which states that if she had an I-130, I-140 or Labor Certification properly filed for her ON or BEFORE April 30, 2001 AND she could prove that she was inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998, then she could pay a $1000 penalty and adjust status to U.S. Lawful Permanent Residency. If she did not have any of those types of applications filed for her before that date, then she has three options:

 

1) Wait for an immigration law to come out that will help her. I have high hopes that next year or maybe the following, something good will come out.

 

2) Apply for Asylum (she had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, she would have to prove that she has at least 10 years in the U.S. AND she must also prove that if she is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon her will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

 

3) If she marries a U.S. Citizen (for love, of course), she could file an I-130 here in the U.S. (which will give her no legal status, but she might be able to get a drivers license with the receipt), but once that I-130 is approved, really the only thing she can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in her home country as the spouse of a U.S. Citizen. At that point, they will want to deny her because she entered illegally and stayed. So she would have to apply for an I-601 waiver (forgiveness) and to get this waiver she will have to prove that you will suffer extreme hardship if she is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

 

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

 

http://damascus.usembassy.gov/ina212.html


and here is another link:


http://ciudadjuarez.usconsulate.gov/hcis601.html


And here is a link to what extreme hardship is:


http://www.ilw.com/articles/2007,0717-scott.shtm


I am truly sorry for the bad news, but the options are very limited at the moment.



Edited by Guillermo J. Senmartin, Esq. on 6/17/2010 at 3:55 AM EST
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