Legal Question in Immigration Law in Maryland

3-10 Year Barr Question

*I am a US Citizen

*My husband of one month entered U.S. illegally in Sept 1999

*We have a seven month old daughter together

*He has never faced deportation or removal charges, court dates, etc.

* USCIS has advised me that, if he were to return to Mexico, I should file the I-130, followed immediatly by the 1-129F including the receipt that the I-130 had been filed.

*However, two immigration attorneys have advised me of a 3-10 year ban, for those who have been in th U.S. for more than 6 months illegally.

*USCIS insists that if he returned to Mexico voluntarily, they could not impose the barr?

*Do I trust the lawyers or government?

*If the barr is applicable, would we qualify for the waiver, since our child is so young, and our marriage so recent? We have been a couple for two years. But married for 3 months. He is my only income, I am a student, and would be living on students loans after he returned to Mexico.

*I am desperate, my husband works over 80 hours a week for less than minimum wage. We cannot buy a house, he cannot drive for fear of deportation.

* I hope that someone can help me, there are no immigration attorneys or consultants within 2 hours of where I live.


Asked on 8/24/07, 6:28 pm

2 Answers from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: 3-10 Year Barr Question

The attorneys are right -- after accruing more that 1 year of unlawful presence, your husband would indeed face the 10 year bar on re-entry. The effects of illegal presence after lawful entry (overstaying) is very different from illegal entry. Had your husband entered the country legally and merely overstayed, his marriage to you -- a US citizen -- would cure the unlawful presence. That is not the case where one enters illegally and is neither inspected nor actually admitted to the US.

If he was the beneficiary of a previously filed labor certification or visa petition that was "approvable" when filed and was filed on or before April 30, 2001, he may qualify for "245(i)" benefits. This would allow him to legalize his status after paying a $1,000 fine (plus the ordinary costs of adjustment).

If that doesn't apply, he will most likely have to leave the US to attempt to legalize his status, which raises the 10 year bar.

The waiver is available where imposing it would result in an extreme hardship to a US citizen. Note that the waiver disregards any hardship to the immigrant - it's got to be hardship to some other US citizen. As the sole breadwinner and support of two US citizens -- you and your child -- he may well qualify for the waiver, but it is a gamble.

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Answered on 8/24/07, 6:49 pm
Baoqin Wang Law Office of Baoqin Wang

Re: 3-10 Year Barr Question

"Do I trust the lawyer or government?"

I'd love to answer this question. Ask yourself - if you follow the CIS' instruction, will the person who answered your question (on the counter or over the phone) be responsible for the consequences of your following their instruction?

What I mean is if you hire an attorney, the attorney will be taking the responsibility if you followed his or her legal advice. But if you follow the instruction of a government officer (who is not even an attorney but give you advice based on his or her general knowledge), you cannot even find the guy at a later time if you followed his or her instruction but did not achieve your goal.

My last word - if you are already illegal here, hire an attorney to help you.

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Answered on 8/24/07, 6:51 pm


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