Please help question about I-601

[slvjvm922000]

Hi I am new at this so i hope i am doing this right. I am a United States Citizen and I married my husband in September of 2000 and we have 4 wonderful children. My question is we did all the papers that we were told to do to get my husband legal we had to come to mexico for his appointment with the american consulate and he was denied for 10yrs. I met my husband in dec 1999 and i already had my first daughter but she was on about 4months old and he has taken care of her all her life. We got married in september of 2000 and had our second child in January 2001. Our second daughter has problems with her speech and she has trouble in school. In march of 2002 we had our third child which is a son. He also has had trouble with his speech but not as bad as our daughter. In april 2004 we had our 4th child which is also a son he has a heart murmur. I also have alot of medical problems and it is very hard for us to be seperated. All of my family is in ny and we are very close to my family. My family accepted my husband into my family sence i got together with him and they love him to death. My husband wants our children to go to school in the united states because with the problems my children have he says that they can help them more than the schools can in mexico. We see my husband by crossing over the border to see him. But it is really hard to be away from him for myself and our children. Can we get approved due to hardship or will we just have to wait the time out? Can anyone help me with what i have to do to prove that it is a really bad hardship for me and my children.

[angela256z]

Are you eligible to submit a waiver? They should have told him yes or no when he was denied. If he can you need to submit it. You have a lot of hardship that could be used. You can also use family ties, Finanacial and other stuff. Check out the thread of approved HSL for CDJ. You will see many people have been approved with NO medical issues. If he is eligible to submit a wavier do it! We are all here to help and will be glad to do it.

[slvjvm922000]

Well when he was denied the immigration officer didnt tell him anything all he did was hand him the paper stating he was denied for 10yrs. I was told by a lawyer to try to fill out the I 601. The lawyer said that juarez is only approving 30% of the waviers. Should i just try to file the wavier no matter what if he was told he could or not? I am just totally fustrated with this and he hates to be in mexico he just wants to be with me and our children like we were before.

[Azul y Vampy]

We really want to help you, but we need to know a little more.
1. Did your husband entered without inspection (EWI) into the US? meaning illegally.
2. If so, how many times did he EWI? If more than 1 entry, when were each one?
3. Does your husband have a criminal record?
4. Was he deported?
5. More importantly, when was his 1st interview in CDJ?

This will give us a better idea of where you stand.

[slvjvm922000]

Ok i am sorry yes my husband entered the unied states illegally.

In 1997 husband ewi
in dec 1999 met husband
in sept 2000 got married
in jan 2001 had second daughter
in april 2001 filed i 130
in may 2001 husband was deported
in june 2001 husband ewi
in march 2002 had son
in july 2002 husband deported
in oct 2002 husband ewi
in april 2004 had 2nd son
in dec 2005 i 130 aprroved
in nov 2006 recieved appointment letter to go to cdj
in jan 2007 went to appointment in cdj got denied
in feb 2007 husband ewi got caught and deported and sence then he has been in mexico.

If u need any other info please ask i will let u know what it is thank u all so much for helping me...

[Adriane]

I think the approval rate is closer to 65%- but that includes all waivers, some of which are not well prepared.

Check out the thread: Approval thread for CDJ- almost all of the members here have had approved waivers because we have all worked together to turning well-prepared packets and give CDJ exactly what they want....

Answering Azul & Vampy's questions will help determine if you are eligble for the waiver- so that's the first step.

Good luck!

[MendozaQH]

Ok i am sorry yes my husband entered the unied states illegally.

In 1997 husband ewi
in dec 1999 met husband
in sept 2000 got married
in jan 2001 had second daughter
in april 2001 filed i 130
in may 2001 husband was deported
in june 2001 husband ewi
in march 2002 had son
in july 2002 husband deported
in oct 2002 husband ewi
in april 2004 had 2nd son
in dec 2005 i 130 aprroved
in nov 2006 recieved appointment letter to go to cdj
in jan 2007 went to appointment in cdj got denied
in feb 2007 husband ewi got caught and deported and sence then he has been in mexico.

If u need any other info please ask i will let u know what it is thank u all so much for helping me...


You will not be eligible to file the waiver for 10 years. The moment he returned after his first deportation he became ineligible to file the waiver for 10 years. I think there is an even bigger problem in that he was deported 2 times. Isn't that a 20 year ban???? Or were the deportations actually "catch and releases" and that is why he received only 10 years?

It sounds like your situation is exactly how we would recommend for those facing the 10 year ban. You are located on border tons and can frequently see each other while the children still attend US schools. Not sure what else you can do.....Hope for reform?

[slvjvm922000]

So now my question is is it stupid to file the i 601 or should i try anyways. my husband is willing to give up his own life for me and the kids to be with our family. I tell him it is not worth it that he would hurt me and the kids more than it is being away from my family. What do i do?

[Azul y Vampy]

slvjvm,
Unfortunately, Mendoza is right. WHen your husband was deported in 2001, and re-entered without inspection after that, that automatically gives a 10-yr ban, without a waiver for 10 yrs. Very sad, I know. Not much can be done.
This is very unfortunate, specially with 4 children.
-Azul

[slvjvm922000]

So it would be crazy for me to even try to file the wavier? I just dont know what to do anymore and i dont want him to try to hurt himself over this situation or even try to cross again and get injured.

[Adriane]

No, you can't file the I-601, you aren't eligible. It wouldn't matter how great your case was, you simply don't fit the requirements.

I think that because of his multiple entries you have a lifetime ban for which you may file a waiver afer 10 years have passed. And I think that'll be 10 years since his last EWI attempt...

I am living in CDJ with my husband right now- if you'd like to PM me, I can tell you how we've made this work for us. Ours is different, we filed a waiver and are just waiting for the answer, but perhaps I can share some things I've learned about living in 2 countries day to day.