denial

[hmarrazola]

my sister-in-law has been in mexico since 2003 she filed a 130 threw her husband. she recieved a denial paper in aug 2006 and was to file a waiver 129b in juarez. her husband who is here has not done this.we just found out by calling mexico. he is cheating on her. and has not supported her .we also found out that she has the 10 year bar on her.due to being in the u.s for more then a year.my question is can me and my husband file or doing anything to bring her here. she has 2 kids who were born here. and one that needs to go to school.what can we do

[Laura]

So her husband is the U.S. citizen? And he doesn't want to file a waiver for her?

The 10-year bar is normal if she was here illegally for more than one year. Unfortunately, only her husband or if she had a USC parent (unlikely of course) can file the waiver for her. There really isn't any other way for her to come back.

Sorry for the crappy situation.

[jsierra1982]

sorry to hear about your SIL's denial. i don't think there is anything you can do, especially since it was the spouse who filed the i-130. i'm pretty sure there is no way to petition for a sister-in-law.

[hmarrazola]

thank you. her husband is a us citizen. but her my father in law is a resident.

[aleful]

hmarra,
Even though her father is a resident, he can't file for her anyway until she divorce's him if she want's to. Resident's cannot file for married children.

So first she would have to divorce him and have her divorce final before he could file for her. Even then, the petition will take around the 10 year ban or more. So, anyway you look it, unfortunatly she will have to stay in Mexico for 10 or more years, unless her husband files the waiver for her.