New=Need advice/help

[BOO BOO]

Hello,
My name is janeth and i would like to share my situation maybe I can get some advice =)
WEll the problem is that I have been here in the U.S.A illigally since I was 5 years old . I have been in this country for 15 years and still can't fix my situation although I recently got married to a wonderful man which is a USC
I have done my research, but i am so confused. Some people suggest I file the 130 Application (an attorney suggested this) he said that I would have to leave the country for 6 months and then I would have my green card, but as I have seen here it can take longer than six months I was hoping the reform would be approved, but I guess that everything happens for a reason and the only thing that keeps me going is HOPE...
Well I would really appreciate any advice..
oh and by the way
I don't have any kind of criminal record, I have not left the country since I came here, I have never been deported, never been involved with drugs etc.
And I am from Mexico.

thank you, :wave:

[cherrycandy001]

Janeth, First you do your I-130, wait for an approval notice, then the NVC will send you other forms that need to be filled out...I believe it is the I-864 and DS-230. Once the NVC has received all of your paper work they will then forward it to CDJ. CDJ will send you a letter notifying you that you will get an appointment within 9-12 months. You will go to your appointment in CDJ (ciudad Juarez) and if all goes well they will tell you that you can submit an I-601 waiver, and HSL. If you are clearly approve able, basically, no deportations, criminal record, multiple entries, and your Hardship letter is strong enough they will approve you the same day and you will receive the VISA that day or the Next and will be able to come home immediately. However if your letter isn't strong enough or you are not clearly approve able you will get put in the "backlog" for further review 6-12months and they will mail you their decision.

I have a different thread called "My experience in CDJ with the Pilot Waiver Program" look it up it will give you a good idea what to expect. I too came when I was 4 and had never left. Through the pilot program you come home immediately instead of 6-12 months later.

[meesh]

There is hope! You can start the process by filing the I-130 Petition for Alien Relative (which you can dowload at uscis.gov). Once it's approved, you will file various paperwork with the National Visa Center. Later, your case will be forwarded to a consulate abroad since you are not eligible to fix your situation in the U.S. Later, you will be notified of a visa appointment. At this point, you will be denied a visa due to your illegal presence in the U.S. You may be eligible for a waiver, called an I-601 waiver. Your husband has to prove that he would suffer extreme and unusual hardship if you were not allowed to return. If the waiver is clearly approvable, you may receive the visa the same day you submit the waiver (If you are going through the Pilot Program in Ciudad Juarez, Mexico). Then, you come back to the U.S. legally!You will later get your green card in the mail. After being a legal permanent resident for 2 years and 9 months, you can apply to be a U.S. citizen by filing the N-400 Application for Naturalization.

This is a basic summary of the process, so I did not include a lot of the details. It is possible to handle your own case without the assistence of a lawyer, although some people feel more comfortable using a lawyer. Either way, it is very important to educate yourself on the process each and every step of the way. It can seem overwhelming and complicated, but feel free to ask any questions you may have. You have found a very supportive and informative group of people who will help you along the way. Take care:)

[inlimbo]

Welcome Janeth! You will find a ton of valuable information here. Don't be afraid to ask questions. It sounds like your case is pretty straightforward and with the new pilot program, if you prepare yourself very well, you could be out of the US for only a week or so:thumbup:

[Dorothea]

Welcome Janeth! Good luck to you and your husband!

[Laura]

Welcome and congrats! Great advice here and like others said, most likely, you will be clearly approvable and not out of the U.S. more than a week or so!

[Adriane]

Sounds like you'd be eligible to file the waiver- so go ahead and file your I-130 (that's the form that will eventually result in an interview) and in about a year you should get an appointment date in Ciudad Juarez. In the meantime you can start researching what you'll need to do to prove Extreme Hardship to your spouse, which is what your waiver will be based on. There are tons of examples posted and we're all here to help. At first it'll seem impossible, but after you get started, it'll get easier.

Good luck & welcome!

[angela256z]

Welcome Janeth! I have just started the process for my husband and he is from Mexico too. Goodluck and feel free to ask us anything. Since Mexico has the pilot program there is a chance that you will return to the US the same day your waiver is submitted. You should read more on the waivers and the pilot program to understand more about them, but you are well on your way.

[jsierra1982]

welcome! definitely check out cherrycandy's thread, i think you have very similar situations and she has a happy ending!

[Jake01]

Welcome Janeth, you are in the right place for help and advise, the people are very friendly here,

[lvluck777]

Welcome Aboard!!!

[BOO BOO]

I would like to thank you all for the valuable information that you all have provided. My husband and I will discuss things and get ourselves ready for what's to come. I am currently saving as much as I can because I know that things are getting very difficult here with the givernment not doing anything and states taking upon themselves to do whatever they please with the immigrant community.
Just one more question about the process in ciudad juarez
how long would the whole process take,
I know that with the pilot program I would get my visa that same day, but I would like to know how long the whole process will take? Assuming that everything goes well.

Thank you for your advice and support.

[meesh]

Well, it depends on a couple factors. In our case, we just filed the I-130 (no I-129f) and returned all the NVC paperwork right away. Our appointment (09/11/07) is about 1 year and 6 months after we mailed out the I-130. So, it hasn't been as long as we thought it would be (thanks to the Pilot Program).