Hi,(pls read entire message)

i filed under section 245(i) before the deadline on April 30th 2001.
i had been in the u.s since 1999. An i-130 was also filed. I am married to a u.s citizen.Everything went extremely well until the interview. the judiciary was not very pleasant and said i had to file an i-601 waiver( which is extremely difficult to prove).I dis agreed with him , because i should not have to file a 601 waiver because i paid my $1000 fine and was told that i was eligible when i applied for i-245(i).I just recently received an intent to deny notice.

I am in shock! i have been here for over 5yrs,own 2 homes, have a job that pays me over(130k/a yr), i pay my taxes, and have never even been stopped for even a traffic voilation in my entire stay here.I started off selling used shoes on street corners down town, now i work for the largest company in the world in the industry i am in.I have a lot to loose if this goes bad.

As a contigency plan- do i have any other options?

this has taken a huge toll on my marriage - what are my options if i file for divorce?

Cheers,

reece

there is a rumour that if one has been here over 5yrs legally,(or married, or worked), you'd qulaify automatically for a green card.

Cheers,
Amen

If you haven’t done so already, you should speak to an attorney for a professional opinion on how to proceed.

245(i) and an I-601 waiver are 2 totally different issues. And, even though you paid the $1,000 fine under 245(i), the USCIS could still require that you file the I-601 waiver for one of numerous reasons referred to officially as a “ground of inadmissibility.”

If the I-601 waiver is indeed required (your post does not contain enough information about the details of your case) and you fail to submit it, your application will be denied and you could find yourself risking deportation. The mere fact that you’ve been in the US for 5 years does not automatically qualify you for a green card.

On the other hand, if the USCIS examiner improperly requested the I-601 waiver, an attorney can help you sort out the problem.

Your only option, however, at this point is to deal with the request, one way or another.

If you would like to discuss your case with me, please contact my office to arrange for a consultation.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/