Re: Wife - from Mexico - illegal - me US Citizen

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Dear Manito,

In certain circumstances an individual may be deemed
inadmissible to enter the US either as an immigrant or
nonimmigrant. Various grounds for inadmissibility exist, the
most common ones are; a. a prior criminal history; b. the
commission of fraud in obtaining an immigration benefit; c.
or she is subject to the 3/10 year bars due to prior periods
of overstay in the US of over 6 mos or 12 mos.
To determining the grounds of inadmissibility and the
availability of a waiver often requires a complex analysis
of your particular case (under section 212 of
Immigration/Nationality Act). A waiver must show an extreme
hardship first. The key term in the provision is “extreme”
and thus only in cases of real actual or prospective injury
to the U.S. National or lawful permanent resident will the
bar be removed. The common results of the bar are: a.
separation, financial difficulties, health etc., in
themselves are insufficient to warrant approval of an
application unless combined with much more extreme impacts.
You must have evidence to prove the hardship. The health of
your son is also a good example of hardship etc.

To answer your questions 1. Yes, you can file for I-130 here
in U.S. and then file I-601 together with I-212 in Mexico.
However, I also recommend to look to a good immigration
lawyer to work with you.

Thanks

On 2/28/07, Manito wrote:
> Here's my story... Wife came from Mexico when she was 17
> years old.
>
> She was detained by border patrol and was given voluntary
> departure the day after she was detained.
>
> On the 3rd day she again tried to enter US - this time she
> was successful.
>
> We have two babies and one is waiting to have surgery on
> his neck. - we'd like to know if it's possible for her to
> do an I-130 and then go to Mexico and do the I-601 waiver.