601 Waiver versus Cancellation of Removal

[djones9714]

Hello everyone. I would like to hear from those who can give me their thoughts. We are going to meet with attorney on Saturday and I am going to request more information.

Here are the details:

1. My daughter (U.S. citizen) is married to EWI from Guatemala.
2. They have been married 2 years.
3. He has lived in U.S. for 10 years.
4. He has been a person of good moral character (not even a speeding ticket).

They have not filed their I-130 as of yet.

Here are my questions and I would like your input:

Let's assume they file their I-130 and get it approved -- I don't know why it wouldn't be approved.

After filing the I-130, suppose he put himself into removal proceeding by requesting that he be issued a NTA. At hearing, he could request Cancellation of Removal for which he would certainly qualify. However, Item Number 5 would be to prove hardship to U.S. citizen or LPR. Well, he would have to do that even if he returned to file the I-601 in Guatemala.

My thoughts: If he is denied, he is still here in U.S. and would have a better chance of appealing and his lawyer would be here. He would still be with his wife.

Let's assume the worst thing happens and the judge grants him voluntary departure and he has to go back to Guatemala. Well, then we would start with filing the I-601.

Please let's talk about this. Give me everyone's thoughts. Am I being naive, stupid or just wishful thinking.

[kkalan]

Hello everyone. I would like to hear from those who can give me their thoughts. We are going to meet with attorney on Saturday and I am going to request more information.

Here are the details:

1. My daughter (U.S. citizen) is married to EWI from Guatemala.
2. They have been married 2 years.
3. He has lived in U.S. for 10 years.
4. He has been a person of good moral character (not even a speeding ticket).

They have not filed their I-130 as of yet.

Here are my questions and I would like your input:

Let's assume they file their I-130 and get it approved -- I don't know why it wouldn't be approved.

After filing the I-130, suppose he put himself into removal proceeding by requesting that he be issued a NTA. At hearing, he could request Cancellation of Removal for which he would certainly qualify. However, Item Number 5 would be to prove hardship to U.S. citizen or LPR. Well, he would have to do that even if he returned to file the I-601 in Guatemala.

My thoughts: If he is denied, he is still here in U.S. and would have a better chance of appealing and his lawyer would be here. He would still be with his wife.

Let's assume the worst thing happens and the judge grants him voluntary departure and he has to go back to Guatemala. Well, then we would start with filing the I-601.

Please let's talk about this. Give me everyone's thoughts. Am I being naive, stupid or just wishful thinking.

Cancellation of removal is extremely hard o get it. I suggest take a voluntary departure and get AOS at your orgin conutry. I been through cancelation of removal but I was told chances are very less even thoug I been here for 17 years two USC kids and USC wife.

[djones9714]

Wow. So you tried it and it didn't work. So are you going through I-601 waiver now?

[Laura]

The best thing is to go the I-601 route. Trust us, if there were other options that didn't involve the waiver many of us would have already found it. The fact that your son-in-law is illegally present makes him ineligible for permanent residency, despite his living in the US for 10 years and being a good person. Almost all of us can say the same for our husbands. Once they file the I-130 your son-in-law can remain in the U.S. until he gets his interview in Guatemala (Guatemala City?), where he will be denied the visa and allowed to file the I-601 (you can't just file it whenever, it has to be after the visa is denied). At that time he will have to remain there until the waiver is approved, then be given a visa to re-enter the U.S. and get his permanent resident card shortly thereafter.

Anyway, there have been a few Guatemala filers around here, and I know Laurel Scott, the immigration attorney who specializes in the I-601 who posts on this site, has had cases through there approved and said it was perhaps like Mexico, not especially difficult to prove extreme hardship. You mentioned you have a lawyer, but you might want to attend Laurel's free chat on a Wednesday at 11:00 am central time at visacentral.net or do a consult with her. If your lawyer believes getting a cancellation of removal is more likely than going through the waiver route, that could be a red flag about their experience with the waiver.

Good luck!!

[Pinkpig]

Anyone who enters the US illegally has to return to their home country to attain legal entry status into the US. They cannot adjust status while still in the US.

I do not know your attorney. I am sure that your attorney knows what he is doing... But if I were you I would do a consult with Laurel Scott asap. I believe that she has had waivers approved in Guatemala, just to make sure that he does not have anything that would prohibit him from returning to the US with a valid visa after waiver approval.

I don't think there is any reason to go through what you have proposed. Many unknowns there. Your DIL can file for the I-130 and the I-129f to speed up your interview date. Your SIL can stay in the US until time for his interview at the consulate in his country. He will then leave the US, go to his interview, be denied the visa because he overstayed by more than 365 days and be given the 10 year bar. He will then file the 601 waiver and wait OUTSIDE of the US for approval. He cannot return to the US during this time. If you have illegal status in the US of more than 1 year and you attempt to re-enter, you will not be eligible for the waiver for at least 10 years.

As long as he does not have any other extenuating factors and everything goes well, he should be back in the US about 6 to 12 months after his initial interview in Guatemala.

[Lulu]

Absolutely try the cancellation of removal. You have nothing to lose except money. If it doesn't work, he'll have to return to Guatemala, but he will be no worse off than if he had not attempted cancellation of removal. You'll even already have everything you need for your hardship letter for I-601. If it is granted (and it is VERY hard to get), then you have everything to gain. Get an excellent attorney who has lots of experience with this process. Verify the experience, get references. A lot is riding on it.

[djones9714]

Thanks everyone for the information. These are just ideas as I will be discussing all of this with at least 3 different attorneys. Can anyone provide attorneys in Washington, D.C. or Virginia area. I have 3 so far and will be meeting with each one of them.

I have read a lot on cancellation of removal and because he would qualify under all of the requirements, I guess I was thinking this would be one alternative and will bring it up to the attorneys.

You can imagine how I felt when I spoke with one attorney and he told me that there is a very good chance that my SIL could be locked up by filing an I-130. This had me freaked out because I had never heard this before.

You get to the point where you are so nervous and when an attorney (who I might mention comes highly recommended) tells you something like this, you begin to think that it is better to just keep underground.

[Pinkpig]

Hello Lulu,

So good to see you....Hope all is well and that we will be seeing more of you...

djones,

Just to let you know...Lulu is my most trusted source. She knows a ton about immigration.

I do not know of anyone who has been detained because they filed the I-130. I know of a couple of people who were detained at interviews.

Just beware...our first attorney came highly recommended...the best immigration attorney in LA...Wilshire Blvd in Beverly Hills...gave us very bad advice and took us for $5,000.

Your best defense it to know all that you can possibly know, so keep doing what you are doing. You are already 2 steps ahead of the game.

[Laura]

Thanks everyone for the information. These are just ideas as I will be discussing all of this with at least 3 different attorneys. Can anyone provide attorneys in Washington, D.C. or Virginia area. I have 3 so far and will be meeting with each one of them.

I have read a lot on cancellation of removal and because he would qualify under all of the requirements, I guess I was thinking this would be one alternative and will bring it up to the attorneys.

You can imagine how I felt when I spoke with one attorney and he told me that there is a very good chance that my SIL could be locked up by filing an I-130. This had me freaked out because I had never heard this before.

You get to the point where you are so nervous and when an attorney (who I might mention comes highly recommended) tells you something like this, you begin to think that it is better to just keep underground.

You can consult with Laurel Scott for $100, she's in Houston, but she's very good with waivers, and she has commented that she rarely meets her clients in person. Good waiver lawyers are hard to come by, so make sure you know they are experienced with the processes you will need. Also, I no one around here and no one that anyone of us knows has been detained for filing the I-130 -- that's ridiculous. Immigration has plenty of people to look for without seeking out spouses of USCs.

[djones9714]

Thanks everyone for the advice. I agree that there are excellent attorneys out there and those that are just looking for the money but you really have to read up and be aware because even the best attorneys don't always give you good advice. I strongly believe that they are going to give you the best advice at the highest cost to them regardless of whether it is the best situation for you or not.

None of us like to be in this situation. It truly is good to talk with others.

Hey pinkpig -- I am glad to hear that Lulu is one of your trusted ones. She is telling me to absolutely go for cancellation of removal. What do you think about this? I think I will be calling Laurel Scott one day this week and at least asking her for referrals in my area.

[Pinkpig]

Hey pinkpig -- I am glad to hear that Lulu is one of your trusted ones. She is telling me to absolutely go for cancellation of removal. What do you think about this? I think I will be calling Laurel Scott one day this week and at least asking her for referrals in my area.

Lulu knows her stuff...and I would put tremendous stock in her advice...I still don't understand what she was able to accomplish in her husband's case.

I have no experience with this aspect of immigration. It just seemed to me to be putting yourself in a worse position from which you had not much chance of any relief. But I absolutely defer to Lulu....

But bottom line is you are the one that has to live with the decisions you make based upon what you find out.

I do think there are honest lawyers. We found one and she is wonderful. I would recommend her in a heartbeat...Her link is in my signature and she has a ton of good information on her website. If you get a chance go there and click around.

My husband and I also have met Laurel and she is also wonderful. Also I know she has experience at your consulate and if you have to go with the waiver she would have the experience, that is invaluable.

Not many attorneys do waivers or family based immigration well. There is not a lot of money in this type of law. So IMHO many lawyers try to bluff their way through this...

[djones9714]

Thanks Pinkpig and to many others who are sharing their information. This is all valuable information to speak to an attorney about. I think I have narrowed it down to 3 good attorneys in my area and now I will just wait and see what kind of information each one provides to me. I will keep everyone informed.

[Pinkpig]

You are welcome. Good luck. I am anxious to hear what you find out...