I-601 Questions

[twoboyz27]

Hello! My name is Liz and my husband is honduran and he was deported April 2007. I wanted to know if you filed i601 on your own or do you have an attorney . because everyone I talk to to tells me that I can't do anything simply because he was deported. I went to Honduras to see if I could do anything for him there and it was impossible because I have to file for him from US and he has to stay there. We've been married for 1 year and have two little boys together. Please advise!

[twoboyz27]

I just registered and I hope I'm doing this right. I have been reading all of your posts and you really help each other out and I need some advise. My husband is honduran and he was pulled over for speeding 6 over limit!!! To make a long story short, he was deported April 2007 and I went to Honduras with him. I went to the consulate and we couldn't do anything because I had to do it from here in the U.S. Well my husband got very desperate and staying in Honduras for a couple months and now he is back. I am extremely happy he is here but I want to do what ever I can to do it right and for him to be legally in the U.S. I am afraid of him being at work, driving, anything...and every time I try to talk to an attorney, first thing they ask is "is he back in the U.S?" and I say no he's still in Honduras. Please advise!

[Paul & Kerri]

Hello! My name is Liz and my husband is honduran and he was deported April 2007. I wanted to know if you filed i601 on your own or do you have an attorney . because everyone I talk to to tells me that I can't do anything simply because he was deported. I went to Honduras to see if I could do anything for him there and it was impossible because I have to file for him from US and he has to stay there. We've been married for 1 year and have two little boys together. Please advise!

Liz, we had an attorney throughout our immigration process. At the time we were clueless on what we needed to do and we wanted to be positive that we didn't make any mistakes. I do see however, that a lot of people on here have not used a lawyer and had great success. If you want to save money from the expense of a lawyer, I would start to do a lot of research and of course this site is very very helpfull as well!

"I went to Honduras to see if I could do anything for him there and it was impossible because I have to file for him from US and he has to stay there." Was this just for the I-601 waiver or to start the whole immigration process with the I-130? Because you will have to 1st start by filing for the I-130 in the US. Once that is approved and your husband has his interview (in Honduras) he will then have to file the I-601 waiver and wait for that process to take place.

Here is where I'm not so bright, but is Honduras in Mexico? Because if so, they have the Pilot Program there that speeds things up. I don't have any experience with the Mexico process, as my husband is from Europe. Like the other poster said, start a new thread and ask there. There are many people on this board that know way more than I do and can be very helpful!

Kerri

[Cynthia]

~bump~

Liz, I've separated your posts to a new thread and I had to *bump* it up as it went to the 2nd page of this forum.

Hang in there...others will chime in with more infos...

[Laura]

Honduras is its own country...

So there is no pilot program processing. Two - you will need to file the I-130, spouse petition. You will have some other paperwork (others will clarify this, I'm a bit sketchy on it) in the meantime, and then maybe one year - 18 months later he will have an interview at the Consulate in Tegucigalpa. He will be denied the visa for unlawful presence and you will need to file both the I-601 waiver for the illegal presence and the I-212 for the deportation.

You do not need a lawyer, but a consult will help you clarify the process. You might try Laurel Scott, visacentral.net, you can consult for a relatively small fee or attend her free chat Wednesdays at 11:00 central time. There are a number of newer members, Corazoncita comes to the top of my head, who have Honduran husbands. There is lots of help here. Welcome!

[MendozaQH]

Laurafern is right, you need to file the I-130 from the US. Since your husband is already in Honduras, I would recomend filing the I-129F (this would give your husband a non-immigrant visa instead of an immigrant visa, but he would adjust status once he is the US) after you receive the notice of receipt for your I-130. The USCIS processing times for the I-129F are much faster than for the I-130 and you will skip everything with NVC. It could reduce your wait time for an appointment at the American consulate by several months. At your interview you will file the I-212 with the I-601. If it is approved, your husband will be issued a K-3 visa and he will come to the US and adjust status to permanent resident here.

[twoboyz27]

Hi! if he was deported and is back here in the U.S can he still file the i-130? Can I even do anything for him? The reason why he came back here was because he doesn't have anyone in Honduras and we have a construction business that he had to take care of and I've tried to talk to several attorneys that say they cant do anything for me. So, I thought that I could just do it on my own without an attorney.

[Paul & Kerri]

Are you saying he was deported in April 2007 and is now back in the United States? If so he will be banned for life from the USA. I sure hope this is not the case.

[Laura]

Oh... wait, he was deported and then he EWI (entered without inspection) a second time??? I only read your first post - not the second one until just now.

Wow, if that is the case, you have no options... He has a lifetime ban under 212 9(c). He will have to remain outside the U.S. for 10 years before you will be able to even file a waiver for his ineligibility. Attorney or not, there is nothing you can do.

[Paul & Kerri]

Let me rephrase what I just said. "if so he will be banned for life from the USA." I believe this is what I read somewhere, however it might be possible that after being out of the coutnry for 10 years he could then file again for the I-130 or I-129f and at the interview submit an I-212 and I-601 form. I would highly recommend you talk to an attorney. Like many people have said, Laurel Scott is an excellent attorney and I believe I read that a consult is like $100.00 with her. She also offers a free chat every Wednseday. You can find more information regarding that on this site, as I'm not sure on the time of the chat. Best of luck to you!

Paul & Kerri

[corazoncita]

It would be a risk, but if he hasn't started working or driving yet-- I would tell him to get his butt back HOME! I have threatened my husband within an inch of his life that he better never try sneaking BACK in once he is deported, but I do know that if he did try to come back, I'd tell him to go right back home before USCIS ever realized he was here. If he only got here a couple months ago, he MAY be able to get the heck outta Dodge before it can be documented that he did in fact return to the US.

What these ladies say is true. Once he is discovered, he will not be elegible to even apply for a visa waiver for 10 years... the ban on this offense is for life.

PS- my hubby is from Honduras too! There are lots of people filing through Tegucigalpa on this website... let us know if you need anything! Everyone here is great :)