Legal Question in Immigration Law in New York

Three years ago applied for status adjustment for I -130 approval. Illegal entry Married to a citizen and have two kids. Advice from my friend I went home to Ecuador with two U.S. citizen kids to wait for immigrant visa. I made mistake by leaving the States. I am here at Ecuador for two years. Now my husband is in the State and living with another woman. I want to come back to the States for my kids future. Is there any chance for me to come back without my husband support.


Asked on 4/12/13, 3:05 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If a person enters unlawfully, they are not permitted to get a greencard in the United States, even if they marry a U.S. citizen. However, if your I-130 was approved, then you would have needed to file a Waiver of Inadmissibility with the U.S. Consulate. You also should have already had your interview there. I have no idea why it is taking so long, but I assume something was filed improperly.

At this point, if your husband is not willing to go forward with your case, there is nothing you can do.

I also highly recommend finding a Family Law Attorney if you plan on filing for divorce. Otherwise, any subsequent U.S. entry will be construed as having "immigrant intent", and can cause you a lot of difficulty trying to re-enter.

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Answered on 4/16/13, 7:34 am


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