Nejake info o legalizaci jak v US tak i mimo

BUCKETHEAD

Neco jsem sestavil neco jsem zkopiroval z clanku.
Je to bohuzel v anglictine takze sorry.

Doufam ze to nekomu pomuze!!!
Bucky

"I am a U.S. citizen and my boyfriend/girlfriend/fiance/wife/husband is 'illegal' - what do I do?"

A lot of people land on immigrate2us with the same basic problem, something akin to the statement above.

If you are in the same boat, please read this before posting your questions on the forum. Hopefully it will give you a good starting point, and a basic outline of the process.

There are additional resources available on the links.

A few important notes and terms to start:

The information on this thread assumes the significant other, also known as the intending immigrant, has entered the U.S. without inspection (EWI).

In most cases, EWI immigrants are not eligible for in-country adjustment of status (the process undertaken by filing form I-485 concurrently with the I-130 petition), even when they are married to a U.S. citizen (USC). The exception is if the intending immigrant is eligible under 245i. If it's possible that a petition was filed on the immigrant's behalf by April 30, 2001, or think you might be eligible under 245i for some other reason, please read this immihelp page on 245i, otherwise known as the Life Act.

Generally though, anyone who EWI and seeks legal status must go through consular processing, meaning a foreign consulate, usually in their own country, will process their visa, before they can re-enter the U.S. legally and attain permanent resident (PR) status.

If you are wondering about the process for a person who entered the U.S. on a valid visa, overstayed and is still in living in the U.S., please see this guide for Adjustment of Status on the family based immigration site.

Please know that beginning this process does not protect the unlawfully present immigrant from detention, removal or any other immigration-related sanction. At the same time, starting the process is now known to trigger any immigration-related sanctions. Immigration and Customs Enforcement (ICE) has lots of work to do without chasing down those immigrants who are attempting to do the right thing.

In almost all cases an EWI intending immigrant will need an I-601 waiver for the inadmissibility caused by their unlawful presence in the U.S. (They will also need an I-212 waiver if they were formally deported/removed from the U.S.) Please review carefully the eligibility section for I-601 waivers. A big mistake many people make is pursuing this process and finding out late in the game that they will not be eligible for a waiver for ten years.

You can find more commonly used acronyms here.
---------------
I. The first step to gaining permanent residence for any foreign relative of a U.S. citizen is to file a petition for an alien fiance/relative.

A. If you are engaged, you need to file form I-129F (petition for alien fiancé) - $455 (timelines)

1. Note: The only way to pursue this process for a person who EWI and was unlawfully present for more than 180 days after their 18th birthday is for him/her to be married to or eventually marry a USC. If you are dating an undocumented immigrant and hoping to help them get legal, but not ready to commit, you are stuck.

B. If you are already married, you need to file form I-130 (petition for alien relative) - $355 (timelines)

1. If you are married, have received receipt for the I-130, and wish to speed up your consular visa interview, you can concurrently file the I-129F. This only makes sense in some cases with some countries and for too many reasons to list here. Filing the I-129F after the I-130 is entirely optional, but has become common practice for many people on immigrate2us in recent years. The upside is that it will speed up the visa interview, and if the couple is already living apart, this can be a very good thing. The downside is that after the immigrant has his/her visa and enters the U.S., he/she will need to file the Adjustment of Status paperwork (form I-485 at a whopping $1010) and will not be immediately able to work upon entering the U.S.

II. U.S. Citizenship and Immigration Services (USCIS) will send you a Notice of Action (NOA) or two for your I-130 or I-129F. These simply indicate that your petition is in process.

A. If you are married and filed the I-130, as soon as you receive the first NOA you may file the I-129F, as described directly above.

III. You will receive notice of approval for your petition, followed by several forms and requests for fees. Here is a helpful NVC Flowchart for Immigrant Visas from the family based immigration site for this process.

A. Choice of Agent form (DS-3032)

1. If you have an attorney, they can be your agent, otherwise use as permanent an address in the U.S. that you can find. This is where all further mailings and notifications will be sent. Changing your address with USCIS is a nightmare. If you anticipate moving before the end of the process, best to use a more permanent address like that of a parent's home.

B. Affidavit of Support bill

C. Affidavit of Support (form I-864)

1. It is important during this process that the USC petitioner or a combination of the USC and others have enough income to meet 125% of the poverty line. If the USC petitioner does not earn enough money to meet 125% of the poverty for the immigrant and his/her dependents, you must find a co-sponsor who can make up the difference.

D. Visa application (Part I of DS-230)

IV. After all the above paperwork is completed, you will wait for an appointment at the foreign consulate. USCIS will mail you a letter stating that your visa processing is complete and give you a time for your interview. These letters arrive anywhere from 1-2 months before the scheduled interview date.

Note: It's an excellent idea to keep an eye on the timelines of other forum members in order to prepare your I-601 waiver well in advance.

V. Before the visa interview

A. Medical exam: All spousal applicants are required to get a medical exam and a number of vaccinations before their visa interview. Fiancé intending immigrants can wait until they enter the U.S. and file for adjustment of status. There is generally no reason to get the exam or any vaccinations in advance in the U.S., because they will require them to be repeated anyway. After the exam, the intending immigrant will be given the results from the exam which need to be taken (still sealed) to the interview, usually the next business day.

1. In Ciudad Juarez (CDJ), where all Mexican applicants have their interviews, there are only two approved clinics that administer the exams.

NOTE: There have been many reports of the doctors and nurses at the clinics in CDJ asking immigration and criminal history-related questions. While there is concern about these practices, it is advised to answer all questions truthfully. They are also trying to determine if an immigrant might be ineligible on grounds that they are a drug user or abuse alcohol. Admitting to even experimentation with marijuana or occasional use of any drug can result in a three-year bar where no waiver can be filed and the immigrant must remain outside the United States.

2. For information on medical exams for immigrants processing through other Consulates, look/ask in the I-601 - all other countries forum.

VI. The visa interview

A. The officer at the visa interview, after asking a few questions about the intending immigrant's immigration history and relationship to his/her USC spouse, will inform them that they are not eligible for a visa because of unlawful presence, and determine whether they are eligible for the I-601 waiver.

VII. The I-601 waiver of inadmissibility

A. Any intending immigrant who EWI and accumulated more than 180 days of illegal presence in the U.S. (after their 18th birthday, AND after April 1, 1997) will not be immediately granted their visa at their first consular interview. Please read the paragraphs under 212(a) (9)(B) at the Shusterman page. Basically:

1. if the immigrant EWI-ed AND accumulated between 180 and 364 days of unlawful presence in the U.S. (after their 18th birthday AND after April 1, 1997), they are subject to a 3-year bar.

2. if the immigrant EWI-ed AND accumulated more than 365 days of unlawful presence in the U.S. (after their 18th birthday AND after April 1, 1997), they are subject to a 10-year bar.

B. Immigrants who are subject to either of these two bars may be eligible for the I-601 waiver, based on the claim that the USC petitioner will suffer extreme hardship were the immigrant not re-admitted to the U.S. for three or ten years. The I-601 waiver is key to this entire process. Read more details here on I-601 waivers found at family based immigration.

C. VERY IMPORTANT: If a person EWI AND accumulated more than 365 days of unlawful presence (after their 18th birthday AND after April 1, 1007) AND has either been formally removed or otherwise left the U.S. and re-entered or re-attempts EWI, they fall under 212(a)(9)(c) of the law, meaning they have a lifetime bar from the U.S. AND cannot submit a waiver for ten years.

1. If you are concerned about a complicated situation and your eligibility for the waiver, please see EWI, Bans & What you should know before you file. Those with a complicated history should seek the advice of an attorney knowledgeable about waiver eligibility. A good start is to ask attorney Laurel Scott in her free chat most Wednesday at her website, visacentral.net.

2. If you are indeed ineligible for the waiver, it is generally not advised to go to the visa interview. Your options are to wait in the U.S. hoping the laws will change, or relocate to the immigrant's home country, or some other third country, and wait ten years, at which time you may request a visa interview and file a waiver.

D. Depending on how your Consulate interprets the law, some immigrants with criminal records or a history of drug use may be subject to a three-year wait to file a waiver, even if they are otherwise eligible. There are too many scenarios to list here, so if this might apply, please visit the waivers forum, either for Mexico or all other countries, and post your situation. It may be best to consult with an attorney experienced in the I-601 process before moving forward. Here is a list of attorneys recommended by I2US members.

E. Extreme Hardship and the I-601

1. In order to have your waiver approved, you will need to prove that the USC will suffer extreme hardship were the intending immigrant not allowed to re-enter the U.S. for 3/10 years.

a. While it might seem obvious to most of us that a 10-year separation or forced relocation to another country constitutes extreme hardship, that is not enough, even for the least stringent Consulates.

b. Attorney Laurel Scott has an excellent memo on the I-601 waiver, the strength of different arguments and common ineligibilities on her website.

2. Resources: There is a ton of information here on immigrate2us, the Ciudad Juarez immigration forum and the family based immigration forum on proving extreme hardship.

a. Review the "stickys" in the I-601 - Mexico and I-601 - All other countries areas of immigrate2us.net

b. Check out the sample hardship letters for members who have already been approved through Mexico and all the other Consulates.

c. Also check out Laurel Scott's tips for putting together the supporting documents and evidence for your waiver.

VIIIa. CDJ - the Pilot Program and Infopass appointment for I-601 Waivers

A. If your immigrant relative is processing through CDJ, they will be able to file their I-601 (and I-212, if relevant) through what is commonly referred to as the pilot program, which allows immediate review of I-601 waivers. This program does not exist at any other Consulate as of now.

B. Anyone needing to file a waiver through CDJ needs to make an appointment at least three business days after their visa interview (where they will be denied the visa and hopefully told they are eligible for the waiver).

C. As of December 2007, appointments are no longer made online, but instead scheduled by calling the Consulate's Call Center (900-476-1212 from the United States or 01-900-849-49-49 from Mexico). To use a credit card, call 800-919-1754 from the United States or 01-477-788-70-70 from Mexico. You can call as soon as you receive notification of your interview, but do not be alarmed if you have to call several times. After the appointment is scheduled they will e-mail a confirmation.

D. At the Infopass appointment, the immigrant will submit the I-601 waiver ($545, timelines) along with their hardship letter (and/or legal brief) and accompanying evidence. While the intending immigrant waits, the officer will determine if the waiver is "clearly approvable."

1. If the waiver is deemed "clearly approvable," by the officer, the intending immigrant will be given the visa that day or the next.

a. There is no guarantee that a waiver will be found "clearly approvable," but the experiences of I2US members generally suggest that if there is no criminal history or deportations, AND the applicants provide sufficient documentation for all the claims made the brief or hardship letter, there is a very good chance they will be approved. Please see the first page of Azul y Vampy's Thread for CDJ First Interviews for information on pilot program waiver approvals.

2. Intending immigrants whose waivers are not found "clearly approvable" are not denied on the spot. They are simply put into the backlog for further review. The immigrant will be given a sheet that usually states there was not enough evidence for extreme hardship, or in some cases that background checks were still pending.

a. If this happens, it is an excellent idea to send in more information to support one's case. At that point the intending immigrant will have to wait outside the U.S. until a decision is made.

For a detailed account of what goes on in CDJ please see Cherrycandy001, Azul y Vampy, Mrs. Vargo's and Shunphu's experiences through the pilot program.

VIIIb. I-601 Waivers through all other Consulates

A. After the officer denies the visa and determines the immigrant is eligible for the I-601 waiver, they will be instructed on when and where to submit the waiver.

B. Depending on the country and consulate that will either be that day, a few days later, or at an appointment set a few weeks out. Waivers are sent to a nearby Department of Homeland Security office and adjudicated in 2-18 months.

C. If the waiver is approved, they will receive a notification of waiver approval usually followed by an appointment to return to the Consulate to pick up the visa.

D. Please look for country-specific information on waiver submission and approval rates in the I-601 waivers - all other countries forum and read Laurel Scott's notes on her experiences filing through various foreign consulates.

IX. Legal!

A. After the waiver is approved and the intending immigrant receives the visa, he/she is free to return to the U.S.

1. If you are already married and have filed only the I-130 petition, the immigrant will enter the U.S. with either an IR (immediate residency) or CR (conditional residency, if you have been married less than two years) visa. The only difference for the CR is that you will have to file to remove the conditions on the CR with form I-751 before the two-year anniversary of receiving your CR status. With either visa you may begin working immediately, and you will receive your permanent residence card in a matter of weeks. Please see the guide to arriving in America on an immigrant visa on the family-based immigration forum for more information.

2. If you filed an I-129F for a fiance, you will have to marry within 90 days and then begin filing to adjustment of status. Likewise, if you are married, but file the I-130 and then the I-129F, you will need to file for adjustment of status before the immigrant can begin working. Filing for an EAD first can speed up the process for him/her to begin working.

Congratulations!!!!!!

miro · Zaslal: st prosinec 26, 2007 6:24 am Předmět:

velice uzitecne info, diky

BUCKETHEAD · Zaslal: st prosinec 26, 2007 4:09 pm Předmět:

No problem Miro, Smile