Please give me advice for a friend

[ncruzrangel]

My friend's is trying to help her husband become legal. This is all the information I have about her situation right now but for some reason her husband was supposed to be in Mexico for the past four years but hasn't because he has been here. Their lawyer told them that immigration does not believe that he has been in Mexico for the past four years. And now he got a ticket for driving without a license. Also she has a question about how she needs to file her taxes because at her job all of her paperwork is listed as single. Does anyone have any advice for her on what she can do.

I think that in the middle of her applying for his residency he was deported and that may be why he should have been in Mexico since his deportation until now I am not sure if his appointment is coming up. It sounds like a long time but I will get more information if needed.

[Glühbirne]

He probably had the five year bar due to deportation.

If he has been here for the last four years, as soon as he leaves the country, he will trigger the ten year bar for illegal presence. He will not be able to legalize without leaving the country. The only way to overcome the 10 year bar is through the I-601.

From the limited info you have, it sounds like he may have an illegal re-entry after a deportation, which means he is most likely not eligible for the I-601.

Your friend probably won't be able to legalize him anytime soon, and probably needs to start looking into either moving to Mexico or to some other country.

Hopefully others will give more info. I'm not an expert.

[ncruzrangel]

Thanks for responding I would also appreciate any other thoughts on this because I may be seeing her on Sunday and would just like to tell her what her options are if any.

[Sabrina022203]

:ditto:He probably had the five year bar due to deportation.

If he has been here for the last four years, as soon as he leaves the country, he will trigger the ten year bar for illegal presence. He will not be able to legalize without leaving the country. The only way to overcome the 10 year bar is through the I-601.

From the limited info you have, it sounds like he may have an illegal re-entry after a deportation, which means he is most likely not eligible for the I-601.

Your friend probably won't be able to legalize him anytime soon, and probably needs to start looking into either moving to Mexico or to some other country.

Hopefully others will give more info. I'm not an expert.

[MendozaQH]

Well, 5 year bars are not generally given for deportations, 10 year bars are. They really need to know like dates of unlawful presence and EWI's to get an idea if it is worth it going to the interview. Really, from what you have provided in that he was here before and then left and now is back, it doesn't sound like good news, but who knows, there is always more to the story.

[ncruzrangel]

He first EWI in 1997. Then he was deported on December 8, 2004 and EWI again on February 21, 2005. Does this change anything or help hopefully this will clear up some questions.

[MendozaQH]

:( Yeah, it means once he departs the US, he must remain outside for 10 years before he will be eligible for the waiver........most definitely! Sorry for the bad news!

[Laura]

Sorry Ncruz - he's definitely ineligible for the waiver until he's been outside the U.S. for ten years.

[Glühbirne]

There are members of this forum who have or are living on the border between Mexico and the US to keep thier families together. Your friend might want to consider this.

I did it myself for two years.

[lisa7078]

Does it make him ineligible because he ewi and was deported after April 1997?

[Laura]

Basically yes, although even if he hadn't been deported.. if he had just came in 1997, left in 2004 of his own will, then EWI a second time, that would be a 9(c) ineligibility for the waiver as well.