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-   -   Married! Apply for GC with unlawful entry (http://dreamact.info/forum/showthread.php?t=83824)

Tacvbo 08-22-2019 12:07 PM

Married! Apply for GC with unlawful entry
 
Hello fam,

Long time since I was here in 2010-2012 crying for not having the dream act passed on the night of my birthday lol

I am recently married. My wife is trying to get me to apply for a GC by her petitioning me. However, I have heard numerous different comments about this, such as the fact that is not as easy anymore for someone with an unlawful entry like me. Has anyone here fixed their status via marriage with an unlawful entry? If so, how long did the process take?

Also, I do not even know where to start. Lawyers are fkn expensive here in LA. $6000 for this process!!!!! :|:|:|:|:|

Also, we have a baby on the way, I am hopeful that will help with "hardship purposes". We will see.

IamAman 08-22-2019 12:14 PM

Re: Married! Apply for GC with unlawful entry
 
Congrats! Unfortunately things might get even harder (and way more expensive) after October if the new Public Charge rules go into effect but if you have DACA, at least you won't worry about exposing yourself while your case is worked out.

ECW 08-22-2019 12:18 PM

Re: Married! Apply for GC with unlawful entry
 
So what kind of unlawful entry:

A. Did you cross the border uninspected?

B. Did you enter by plane with fraudulent documents?

Tacvbo 08-22-2019 12:19 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by ECW (Post 740080)
So what kind of unlawful entry:

A. Did you cross the border uninspected?

B. Did you enter by plane with fraudulent documents?


Unlawful entry brotha. No inspection. No documents, no nothing.

Tacvbo 08-22-2019 12:22 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by IamAman (Post 740079)
Congrats! Unfortunately things might get even harder (and way more expensive) after October if the new Public Charge rules go into effect but if you have DACA, at least you won't worry about exposing yourself while your case is worked out.

I understand but why would that law affect me directly when we have not collected welfare or any sort of government benefit? Also, we do have a baby on the way. Should help for "hardship purposes".

trac3rt 08-22-2019 01:37 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by Tacvbo (Post 740082)
I understand but why would that law affect me directly when we have not collected welfare or any sort of government benefit? Also, we do have a baby on the way. Should help for "hardship purposes".

Congratulations! So, here are the first things to know:

- If you have one entry without inspection (EWI), and you've had DACA since before you turned 18 years old, you have not had accrued Unlawful status.

- If you do have more than 6 months or 1 year of unlawful presence, and have never left the country, you can request a waiver (I-601A). This what my people call "El Perdon". See Official I-601A Thread: http://dreamact.info/forum/showthread.php?t=78973

The process, at a high level, goes something like this:

1) Submit the I-130 & I-130A (8-10 months)
2) Receive NVC case number, and pay IV and AOS Fees (4-8 weeks)
3) If unlawful presence, submit I-601A Waiver (9-12 months)
4) Submit civil documents to NVC (2-4 weeks)
5) Since your married to a PR, you'll need to wait for your Priority Date to become current. Not sure how long the wait time is. It probably varies by country.
5) Finally, go to visa interview in your home country. I hope it is not Mexico, the wait time to get a interview there is like 9-11 months.

Useful link:
https://travel.state.gov/content/tra...-petition.html

Tacvbo 08-22-2019 01:39 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by trac3rt (Post 740088)
Congratulations! So, here are the first things to know:

- If you have one entry without inspection (EWI), if you've had DACA since before you turned 18.5 years, you have not had accrued Unlawful status.

- If you do have more than 6 months or 1 year of unlawful status, and have never left the contry, you can request a waiver (I-601A). This what my people call "El Perdon". See Official I-601A Thread: http://dreamact.info/forum/showthread.php?t=78973

The process, at high level, goes something like this:

1) Submit the I-130 & I-130A (8-10 months)
2) Receive NVC case number (4-8 weeks)
3) If unlawful presence, submit I-601A Waiver (9-12 months)
4) Go to visa interview in your home country. I hope it is not Mexico, the wait time to get a interview there is like 9-11 months.

Useful links:
https://travel.state.gov/content/tra...-petition.html


Thank you so much for such articulated information.

DamLeon123 08-22-2019 09:55 PM

Re: Married! Apply for GC with unlawful entry
 
My man, it's not going to be cheap. Just prove that if you leave the USA your USC wife and child will suffer. Show genuine hardship and there should not be a problem adjusting. It will be an uphill battle though. Start gathering and Doing active documentation of the like.

Tacvbo 08-27-2019 07:39 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by trac3rt (Post 740088)
Congratulations! So, here are the first things to know:

- If you have one entry without inspection (EWI), and you've had DACA since before you turned 18 years old, you have not had accrued Unlawful status.

- If you do have more than 6 months or 1 year of unlawful presence, and have never left the country, you can request a waiver (I-601A). This what my people call "El Perdon". See Official I-601A Thread: http://dreamact.info/forum/showthread.php?t=78973

The process, at a high level, goes something like this:

1) Submit the I-130 & I-130A (8-10 months)
2) Receive NVC case number, and pay IV and AOS Fees (4-8 weeks)
3) If unlawful presence, submit I-601A Waiver (9-12 months)
4) Submit civil documents to NVC (2-4 weeks)
5) Since your married to a PR, you'll need to wait for your Priority Date to become current. Not sure how long the wait time is. It probably varies by country.
5) Finally, go to visa interview in your home country. I hope it is not Mexico, the wait time to get a interview there is like 9-11 months.

Useful link:
https://travel.state.gov/content/tra...-petition.html


Forgot to clarify. You mentioned "I am married to a PR". My wide is a US citizen, not a permanent resident.

NotADreamerPerSe 08-27-2019 10:49 PM

Re: Married! Apply for GC with unlawful entry
 
Quote:

Originally Posted by Tacvbo (Post 740254)
Forgot to clarify. You mentioned "I am married to a PR". My wide is a US citizen, not a permanent resident.

The 601A waiver still applies to you because you entered without inspection.


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