QUESTION
Can we pay a fee instead of being forced out of the country?
Asked on Jan 11th, 2011 on Immigration - California
More details to this question:
I was born in the US and am a citizen. My husband came illegally to the US in 1998. We were married in 2006. In 2009 we obtained his Mexican passport in Arkansas, filed an I-130 (alien relative form), filed an I-864 (affidavit of support). Now we are waiting to be sent to Mexico. What I would like to know is... Is there any way of paying a fee instead of having to go back to Mexico and wait for us to be allowed to return? We have heard from several people that is possible but would like to know if it's true. Thank you for your time.
3 ANSWERS
It depends how he entered the United States, and whether he was the beneficiary of a petition before. We would need to know more information with respect to your case.
Answered on Jan 17th, 2011 at 7:58 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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If your husband has been here without papers it is urgent that he not return to Mexico before you and he speak with an attorney. If he returns to Mexico he will be subject to a 10 year bar that would prevent him from returning to the US unless he can get a waiver by showing extreme hardship to you. These waivers are difficult to get so you should at least consult with an attorney to be prepared for that. At the least the waiver process can take several months more than just the interview so you and your family need to prepare for that.
There are limited circumstances where he may be able to just pay a fine and not have to go through the process but that is rare.
Please call my office to set up a consultation and we can investigate whether he has any options and what should go into the packet if he does need to go to Mexico.
Answered on Jan 12th, 2011 at 9:28 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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What some people are talking about is something called section 245i. This law allows people to complete the process in the United States without leaving the US. They pay $1000 penalty, which is a lot better than going back to Mexico and having to submit a waiver for previous unlawful presence. However, to do this, you must have been present in the US on December 20, 2000 and have a relative or an employer who filed a family petition (I-130) / Labor certification before April 30, 2001.
Answered on Jan 11th, 2011 at 10:28 PM