I am pregnant, scared and nervous...

[mspsfs1]

My husband of two years is an illegal immigrant and I am now 3 months pregnant. I have no idea where to start or what to do to try to give him some legal statis here. I am confused by all the forms and in which order do you start to file or would I be better off obtaining a lawyer, I really don't know. I don't even know if laws are different from state to state. If anyone has any advice or information to help me get started, I would be forever in your debt. I thank you in advance.

[lgatica06]

First, what is the exact situation of your husband. For example how many times has he entered the US illegally, does he have a criminal history here in the us and so forth.

[Laura]

Welcome mspsfs - you are in the right place, well, except you should probably focus on the I-601 Mexico forum, rather than marriage-based AOS, as illegal immigrant, aka EWI (entering without inspection) people cannot adjust their status in the U.S.

First, a few questions - Is your husband from Mexico? I shouldn't assume. Does he have any criminal history or multiple entries into the U.S.? His immigration history matters, as well as any record he has here. The laws are federal, so there is no state-by-state difference.

Please provide a little more information and we will help more!

Welcome again! Try not to worry!

[mspsfs1]

I'm sorry about not giving more information, wasn't too bright of me, I was nervous posting what I did. Thank you everyone for such a quick response, it helps to ease the loneliness of my situation.

My husband is from Ecuador. He was picked up a few days after he arrived here illegally and was is in jail awaiting a deportaion hearing when 9/11 happened. They let him out after serving 3 months and did not give him a court date. I had a laywer look at his alien number from the court papers and he was never filed in the system (which I find a major stroke of luck). He has no criminal record.

Also, I am sorry about choosing the wrong forum, I am new to all this.

[lgatica06]

I should have said welcome from the get go, so here it is

WELCOME and congratulations on the baby!!!
My husband and I just had our first in June. Babies are truly a joy and blessing. Anyways on to the matter at hand.

As far as I can tell your husband should be eligble for the I-601 but I feel that more research into his 3 month stay and pick up would be wise. First things first though. You need to file the I-130 petition for alien relative. The form is fairly simple, the majority of people on this site have filed it themselves. If you need any help or have any questions about it or anything else (immigration, baby related and so forth) please feel free to pm me.

[Laura]

No need to be sorry at all!!!

If I were you, I would pay $100 or $150 (not sure which it is) and do a consult with Laurel Scott (visacentral.net). She specializes in the I-601 waiver, which your husband will need because of his EWI and unlawful presence. Even if you don't want to hire a lawyer for the whole process, she will be able to lay out what you have to do and probably give some insight on Ecuador. I'm not sure who we have around here right now, if anyone, processing thought Ecuador. Also, the detention and release could complicate things, although hopefully not, as you said.

Generally, you will file the I-130 (petition for alien spouse), wait a while for approval and the transfer to the appropriate Consulate, then your husband will be given an appointment at that foreign consulate (in Ecuador, or a nearby country, not sure), he will be denied the visa at the interview and have to file the I-601 waiver for the 10-year bar of inadmissibility. You will need to submit evidence and an argument for the extreme hardship it will cause you if your husband is not re-admitted to the U.S. for 10 years. Your husband will have to remain outside the U.S. until his waiver is approved. Laurel or other members can give more insight on the chances of approval for Ecuador. A lot of us around here have Mexican spouses, and the Ciudad Juarez Consulate is relatively easy to get an approval, so I don't want to mislead you, but you do have options.

Besides that, there is a ton of support and experience here!

[mspsfs1]

Again, thanks so much for everything and the warm welcome! Ecuador is far away and I don't think I can travel because of all of my situation, hence it would be a very hard hardship if my husband were sent back. Is there anyway to avoid this or do I accept it and work from there?

The lawyer you mentioned (Luarafern), does it matter what state you are in to obtain their services?

[Laura]

You don't have to travel there, but your husband will. There is no way for an EWI person to adjust status in the U.S., and from a quick internet search it does look like the waiver will be filed at the Consulate in Quito.

Laurel works in Texas, but since immigration law is federal, and she works mostly over the phone and e-mail with clients, anyone in the U.S. can hire her. I'm not sure on wait times for Quito, but you should prepare for your husband being out of the U.S. for at least six months for the waiver approval wait. That's just a guess though.

You should go to the I-601 Mexico and Other Countries area and read some of the approved hardship letters. That will give you some ideas of what kinds of things constitute hardship.

[angela256z]

Welcome!

Just like the other ladies have said. You husband will have to return to Ecuador. You first need to fill out the I-130 and get that mailed in. It takes about 3 - 6 months for an approval on that. Then you will get a series of other forms to fill out and send in. I am not sure the waiting time for an interview in Ecuador, but maybe about 6 - 8 months from the I-130 approval. Your Husband will then travel to Ecuador for the interview in which he will have to send in the I-601. During the waiting time for the I-601 your husband will have to wait in Ecuador until it is approved. Again I am not sure how long the waiting time is on that. Get it done though. Do not wait fearing that he will have to learn. He will most likely still be in the US at the time of your childs birth because of waiting times. Good Luck to you and feel free to ask questions anytime. Like Laura said you may want to consult with Laurel Scott.