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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102380
Experience:  Private practice in several areas, including immigration
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I am filling out an I 130 form husband. He came into the US

Customer Question

I am filling out an I 130 form for my husband. He came into the US with no visa or anything. Question C14 is asking how he entered the US. What do I put? Should I put Without inspection?
JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I have not.
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Is there anything else the Immigration Lawyer should be aware of?
Customer: He recently was approved for DACA in Oct 2015
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Customer: So he is here legally as of today
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Are you filing an I-601 or an I-601a with your I-130, or not?

Or, not sure?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
No, I am not filing either of those form. My husband came to the US when he was 13 years old on 2001. He came in with no visa or permission. I was told to write "NO INSPECTION" by a family friend but I read online that unless you came in before a certain year and filled out certain paperwork then he would not be able to gain residency.
Expert:  Ely replied 1 year ago.
Thank you.
So are you filling out a Consideration of Deferred Action for Childhood Arrivals (DACA)?
Customer: replied 1 year ago.
No. I am Filing an I 130 form. He already was approved for DACA in October 2015.My question is regarding form I 130 section C14.
Expert:  Ely replied 1 year ago.
Okay, thank you.
Note that he may benefit under DACA, but if you wish to file the I-130 then of course, this is at yours/his discretion.
C-14 does give choice of "without inspection."
If he crossed the border illegally, then "without inspection" is the proper choice.
Please note that someone in his situation may also wish to explore the possibility of DACA, as mentioned. Finally if filing for I-130 while being here illegally, he may also wish to file an I-601A.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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