How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4754
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
Type Your Immigration Law Question Here...
Jen Marie, Esq. is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year 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 1 year 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:  Jen Marie, Esq. replied 1 year ago.

And he was a US resident not a US citizen?

Customer: replied 1 year ago.


Expert:  Jen Marie, Esq. replied 1 year 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:

I'm so sorry.. I wish I had better news for you but I have to be honest always. I hope you can rate me based on my service and not whether the news are good or bad.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid.
This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost .

Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.