Hello Everyone!

[mamita3]

Hi, I'm really new to something like this so please bear with me. I came upon this wonderful site for a little encouragement and support from people who are in similar situations with immigration. My husband is from El Salvador and entered EWI in December 2002. He originally applied for a visa to enter legally into the U.S. but was denied after his interview at the U.S. Embassy in El Salvador. Not willing to endure the effects of the earthquakes that hit in 2001, he entered EWI a year later. We married in 2004 and have two beautiful children with one on the way! We began the process for my husband's green card in 2005 and have an approved I-130, but the process was messed up by an "immigration consultant" we went with who helped my husband's aunt and her legal issues. He had us apply for an adjustment of status while my husband should not have due to him being out of status according to an immigration lawyer. To sum it up, we are at the point in the immigration process where his case is waiting to be sent to El Salvador for processing. We have been advised by an immigration attorney to not risk continuing the processing in his native country because of the 10 year ban that will be applied for illegal presence in the U.S. I am at a loss of what to do next. I have done so much research on whether my husband is eligible for TPS (which he is not :sad:) and asylum. He came to the U.S. after the earthquakes hit El Salvador because of a deterioration in the economy and living conditions. I feel like our case is a result of bad timing. I'm sorry this post is sooooo long, I just wanted to give a some background to my situation in order to see if anyone can relate. I look forward to learning from you all!:wink:

[lgatica06]

Unless there is something I am missing he should be eligible to file the I-601 waiver and a hardship letter from you. Someone else will chime in and correct me if I am wrong. Don't give up hope. There are tons that have already been through this process and will chime in more to help you out. My husband and I are currently going through the same thing.

[Laura]

Hi, I'm really new to something like this so please bear with me. I came upon this wonderful site for a little encouragement and support from people who are in similar situations with immigration. My husband is from El Salvador and entered EWI in December 2002. He originally applied for a visa to enter legally into the U.S. but was denied after his interview at the U.S. Embassy in El Salvador. Not willing to endure the effects of the earthquakes that hit in 2001, he entered EWI a year later. We married in 2004 and have two beautiful children with one on the way! We began the process for my husband's green card in 2005 and have an approved I-130, but the process was messed up by an "immigration consultant" we went with who helped my husband's aunt and her legal issues. He had us apply for an adjustment of status while my husband should not have due to him being out of status according to an immigration lawyer. To sum it up, we are at the point in the immigration process where his case is waiting to be sent to El Salvador for processing. We have been advised by an immigration attorney to not risk continuing the processing in his native country because of the 10 year ban that will be applied for illegal presence in the U.S. I am at a loss of what to do next. I have done so much research on whether my husband is eligible for TPS (which he is not :sad:) and asylum. He came to the U.S. after the earthquakes hit El Salvador because of a deterioration in the economy and living conditions. I feel like our case is a result of bad timing. I'm sorry this post is sooooo long, I just wanted to give a some background to my situation in order to see if anyone can relate. I look forward to learning from you all!:wink:

What your attorney apparently does not know is that your husband should be eligible for the I-601 waiver of the 10-year bar for unlawful presence, UNLESS, he has entered the U.S. multiple times (if so, please elaborate on his immigration history so we can evaluate) OR he has a criminal history in the U.S. Same story -- please elaborate.

If he is eligible, he will submit the I-601 waiver of grounds of inadmissibility at or after his interview, and wait in El Salvador, or outside the U.S. somewhere, until it is approved. You, the USC, will have to explain why it will cause you extreme hardship were your husband not allowed to re-enter the U.S. for 10 years. This argument, the letter, the brief, whatever you want to call it, will be crucial to your being approved and your husband getting his visa.

There are tons of people on this site who have sent their spouses back to their home country for consular processing (like you said, because EWIs are not eligible for adjustment of status) and the majority have been approved. I hope someone else can comment on the strictness of the Consulate in El Salvador for approving waivers, but you will find lots of help in both the I-601 Mexico and I-601 other countries areas of this forum. Another good resource is Attorney Laurel Scott's website, visacentral.net, where there is a memo and other good info on the waiver process.

Welcome!!!

[angela256z]

WELCOME Mamita, My ex is from El Salvador. I am still friends with his little brother who came to the US in 2002 also. He came here at 17 years old. He was not eligible for TPS, but he is married with two little boys. His wife is starting the immigration process and will get an approved I-130 soon. He husband is eligle for a waiver because he never entered prior to his 2002 entry it also would not have counted because he was a minor, but if your husband had not EWI's prior to his 2002 entry he is eligible for a waiver. You should have received a Choice of Agent form after the I-130 was approved and then an I-864 and DS-230. Once you fill all that out and get it sent back your case will be forwarded to El Salvador. Yes your husband will have to return to El Salvador for the interview in which he will be denied and given a chance to file a I-601 waiver against the 10 year bar. My ex's little brother has a criminal record and a deportation so his case is harder, but it looks to me like you guys will be fine and have a chance to file the waiver.

[Paige]

Welcome Mamita3! Great to see someone else from El Salvador. Well, of course I am sorry you have to go through this, but you have found the place for great support on this forum. If you don't have any of the complications other people mentioned, you should be able to eventually get your husband's legal status straightened out. I would encourage you to wait for the interview date to have your hubby go back to El Salvador, because you never know how long they might make you wait if he goes earlier. Is your case in the NVC processing right now?

[mamita3]

HI! Thanks for your reply. I'm starting to not feel so alone in this sticky immigration process. It's comforting to know that other people can relate to my situation and offer input. Currently, about a year ago, we sent off the I-864 packet and need to pay the fee of a few hundred dollars in order to continue processing. We have held off until now because we were advised to by an immigration lawyer who gave us a quick consultation and didn't look too heavily into our case from the previous "immigration consultant." The lawyer told us to "lay low" and not go through with this route because of the 10 year ban that will be applied to my husband. Because it's such an uncertain process, we have put the process on hold. Now, we are seeking to meet with an attorney who can give us a well-rounded picture of alternatives and advice as to how to continue with this grueling process. I am in a bind because I have two little children and one on the way in the winter, and I am so uneasy about the current immigration crackdown. This week I am going to make an appointment with an attorney. Is your husband in El Salvador at this present time? If so, how long? Do you have any children who have to endure separation from your spouse? I hope everything works out for you and want to encourage you to "Sigue adelante!"

[Paige]

Yes, my husband is in El Salvador right now and has been since the end of October 2006. We have a daughter who just turned 2. It is hard to be separated from him, especially now that our little girl is getting older and thinks more and asks more questions. My husband had to go to El Salvador even before NVC processing was finished because he got put in removal proceedings and had voluntary departure. (The removal proceedings were not caused by our starting the legalization process.)
I'm not sure how long you can drag out the NVC processing. I don't blame you for wanting to hold off on the process since you are expecting a baby. Maybe if it doesn't compromise your approved I-130 petition, you could try to wait a while longer. I don't know how to advise you though, because what you really don't need to have happen, is for your hubby to get caught and sent down there before you have advanced far enough in the process to be ready for the interview. That's what happened to us. Hubby left in October, NVC finished our processing and sent hubby's file to El Salvador in the end of November, now, 8 1/2 months later we are still waiting for an interview date and it is no fun. You definitely want your hubby with you for the wait for the interview date if possible. If you could know that it will take as long in your case as it is in ours between NVC processing and interview date, you should go ahead with the process because your baby would have plenty of time to be born and then some before your hubby would need to leave the country. However, my understanding was that El Salvador was supposed to be quick. I don't know if our case is the exception or what. Do you have family who could help you out with the kids? I am staying with my parents. I don't know how I would survive otherwise. I imagine it would be even harder for you since you have more children. Well, now that I have written a book, I think I will stop for now. May God grant you wisdom in your decision. Keep asking questions and we will try to give our 2 cents.