I entered U.S. without inspection several years ago. Then, i applied for Employment Authorization Document (i think that means asylum) but denied and ordered exclusion. At the same time, my green card mother filed I-130 for me in 1996. However, i was married last year. I understand the I-130 my mother filed for me revoked as i got married. Now, my citizen brother is able to file for my wife and me before 4/30/01. My question is can i be grandfathered into the new law if my mother file I-130 for me again when she becomes citizen but after 4/30/01 since i already been grandfathered from my brother's petition? Besides this, what about my exclusion proceedings? Can i just file I-601 (for Waiver of Ground of Excludability) when my visa number becomes current?

Dear Anonymous:

You are already grandfathered by the petition filed by your mother, even if it was later revoked because you married. You do not need to be grandfathered again.

In addition, since you are grandfathered, your wife would also be grandfathered even if she married you after the previous petition was filed for you.

Your mother can file a new petition for you after she acquires permanent residence. However, for you to adjust status in the US in any category, you will need to have your deportation case reopened by the immigration judge. Since this can be quite complicated and difficult, we would suggest to speak with an immigration law attorney who handles these types of cases for advice. Good luck.

I entered in U.S. without inspection in 1995. Then, I applied for a political asylum, but it was denied and granted voluntary departure by immigrant judge in 1996, and my appeal was dismissed in 1997. On the other hand, my mother, a U.S. permanent resident who filed I-130 for me on April 28, 1993 which means my priority date is current. My attorney already requested to reopen my asylum case by sending a motion to reopen letter in January of this year. I have not hear anything as of today. Can I just file I-601 (for Waiver of Ground of Excludability) with I-485 and I-485A to adjust my legal permanent residence. Or Should I need to wait for my asylum case be reopened by the Immigration Judge first. Will my current visa for I-130 expire after April 30, 2001 or after a certain period of time.

Dear Anonymous:

The INS will not accept your application for adjustment until your immigration court case is reopened.

Since you are already grandfathered under the law, you do not have to file your application for adjustment before 4/30/01. The priority date is valid for as long as your relationship to your mother continues. Good luck.

Please give me some advise on the following: I am a permanent resident and I want to file a petition for my wife who currently resides with me in the U.S. She had a problem in 1997 where the INS got here using a false green card and sent her back to her country and told her she could not return to the U.S. in 5 years. Of course, she came right back and lives with me since. It will be 5 years next year when that happen but the thing is she came right after she was deported and she had a baby in the U.S. What should I do if I want her to benefit from the 245i?

Farlyn

Dear Farlyn:

First of all you need to consult with an immigration law attorney who has experience in handling waiver cases.

Without knowing much more about your case, it would appear that you should file a visa petition, on or before 4/30/01, for your wife to be grandfathered under section 245(i). She will most likely need at least two, and possibly more, waivers. These waivers would include one for her previous deportation, one for her illegal re-entry, and one for the visa fraud. She may also need a waiver of the 3 or 10 year bar.

In order to obtain the waivers, she will need to show that you and the child will suffer extreme hardship if she is deported. Good luck.