Can I file a i140 application?

Your case should now be at the National Visa Center. You should contact them for information about your case. Because your case has multiple issues that may require you to file for waivers on forms I-601 and I-212, I highly recommend you hire an attorney to help you with this case.

You will be wasting your time and money filing the I-140. Your wife cannot handle this case on her own. This is a complicated case. You need to hire an attorney in this matter as there are few waivers that you must file. Consult with an attorney.

First of all, I-140 has nothing to do with I-130; it's an employment-based immigrant visa petition that does not grant you any status but gets a visa number assigned to you on the basis of the job offer. Secondly, if you are in the US unlawfully, it does not matter that you have a I-130 approved, you are not eligible to adjust status within the US. Furthermore, because of your unlawful presence in the US, if you attempt to go back to your home country to consular process for your immigrant visa on the basis of the approved I-130 petition, as soon as you depart the US, you will trigger an automatic 10 year bar to reentry to the US which can only be waived on the basis of showing extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.

You appear to be permanently barred from the U.S. and could only qualify for a waiver after you resided outside the U.S. for 10 years. You should consult with an immigration attorney for a detailed review of your immigration history.

You may be subject to permanent bar because you has been deported and then entered without permission. I-130 or any other immigration visa approval cannot solve your problem.

You are going to have major problems. After a certain number of illegal reentries there is a permanent bar from returning. You need to hire an attorney to go through your paperwork and determine what if anything can be done.

\*Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.