I Have An X-Box

I emailed my immigration lawyer a few weeks ago about the status of my wife. I pasted
his reply at the bottom of this message. I just wanted to ask anyone who has gone
through this, how long does it REALLY take? We are expecting our first child in
November. I want to be sure that out baby is born here in the United States. But, if
the approval comes back too soon and she has to return to Mexico, is it possible to
file for an extension of some sort until our baby is born?

    :The lawyer's response Thank you for your email of April 16. I'm glad you wrote if
you have questions. Please do not apologize.
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0I filed the Petition for Alien
Relative (I-130) by you on behalf of your wife, back in November of 2001. The INS
sent me a notice of their receipt of this Petition. We also received the post office
receipt verifying that our package did get to the INS on a timely basis.
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0At this writing, I have not received
an Approval Notice from the INS. I will inquire as to the status.
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0Si nce your wife entered the United
States illegally, she is not eligible to adjust under the current law. She either
needs: =A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A01. To wait until the I-130 is
approved and then go back to Mexico for an adjustment interview and ask to waive the
bar for illegal entry into the U.S.; or
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A02. To wait until the I-130 is
approved and ask the INS for a K-3 visa so she can reenter the U.S. from Mexico; or
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A03. To wait until the I-130 is
approved and file for a V visa; or =A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A04.
Wait until a program called Sec. 245(i) is reinstated and immediately file for Lawful
Permanent Residence and pay the $1000 penalty for illegal entry into the U.S. and NOT
have to got to the interview in Mexico, but do it here with my assistance.
=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0=A0No ne of the above is an option at
this time. We have to wait. I'll make the necessary inquiry.

Andy Platt

She could try to fight the deportation proceedings on humanitarian grounds; you
should also be aware that your wife may not be able to get a waiver when applying for
the immigrant visa though hopefully the fact that she is the mother of a US citizen
may help in the process. BTW, you can blame Senator Robert Byrd of WV for the removal
of a temporary reprieve of 245(i); he, almost single-handedly, got this removed from
an immigration bill in the last month. I'm probably one of the few people on this
forum who agrees with the ideas behind 245(i) though!

One other thing: Even if your baby is born in Mexico it will still be a US citizen.

Andy.

--
I'm not really here - it's just your warped imagination. "I have an X-box and I hate
it" <[email protected]> wrote in message
news:[email protected]... I emailed my
immigration lawyer a few weeks ago about the status of my wife. I pasted his reply at
the bottom of this message. I just wanted to ask anyone who has gone through this,
how long does it REALLY take? We are expecting our first child in November. I want to
be sure that out baby is born here in the United States. But, if the approval comes
back too soon and she has to return to Mexico, is it possible to file for an
extension of some sort until our baby is born?

    :The lawyer's response Thank you for your email of April 16. I'm glad you wrote if
you have questions. Please do not apologize. I filed the Petition for Alien Relative
(I-130) by you on behalf of your wife, back in November of 2001. The INS sent me a
notice of their receipt of this Petition. We also received the post office receipt
verifying that our package did get to the INS on a timely basis. At this writing, I
have not received an Approval Notice from the INS. I will inquire as to the status.
Since your wife entered the United States illegally, she is not eligible to adjust
under the current law. She either needs:
1. To wait until the I-130 is approved and then go back to Mexico for an adjustment
interview and ask to waive the bar for illegal entry into the U.S.; or
2. To wait until the I-130 is approved and ask the INS for a K-3 visa so she can
reenter the U.S. from Mexico; or
3. To wait until the I-130 is approved and file for a V visa; or
4. Wait until a program called Sec. 245(i) is reinstated and immediately file for
Lawful Permanent Residence and pay the $1000 penalty for illegal entry into the
U.S. and NOT have to got to the interview in Mexico, but do it here with my
assistance. None of the above is an option at this time. We have to wait. I'll
make the necessary inquiry.