Where do I begin?

[pushbrk 12,824]

I still think your best bet for that type of advice is an immigration attorney, particularly one who deals a lot with those who have been here illegally. Anyone else who has just been in your situation and gives you advice isn't exactly a legal expert - they just know what worked for them. I would hate for you to stake your futures on that.

I agree this case is needs at least an initial consultation with an attorney. Not because information you've been given is in error but because you need a comprehensive evaluation of your options AND because when dealing with an illegal alien, the process IS a legal issue, not just "visa journey".

I suggest you find a local attorney experienced dealing with illegal aliens and who demonstrates confidence in their understanding of temporary protected status for Hondurans.

[Boiler 45,402]

immigrate2us has recommendations, does not need to be local as the law is Federal.

[TONY M 0]

Thanks for all of thsoe who helped and sent along information. Since my Girlfriends sister was in this very situation, I am going to speak to their Immigration lawyer at some point in the near future to see what my options are. I will keep everone who is interested posted on my progress....

Although my first thread got off to a rocky start, I still think that this is a very resourceful site with lots of information and helpful individuals!!

[Tahoma 2,292]

Thanks for all of thsoe who helped and sent along information. Since my Girlfriends sister was in this very situation, I am going to speak to their Immigration lawyer at some point in the near future to see what my options are. I will keep everone who is interested posted on my progress....

Although my first thread got off to a rocky start, I still think that this is a very resourceful site with lots of information and helpful individuals!!

@ TONY M....I agree with you that VJ is a good resource, and I hope you get your problem sorted out. Please keep us posted as to what happens.

@ JimVaPhuong, pushbrk, and TracyTN...thank you for your contributions on this thread, and your patience too.

[patient2010 93]

I dont have much personal experience with this issue but I have a friend who has been here illegally for 8 yrs. All he did was marry the USC and he is good he has a work permit and Social now....So why would you send your love back home just marry her and do the necessary paperwork that is all you have to do...and get a lawyer to help. Like I said my friend was here 8 yrs illegal he came on a visiting visa and never left and in fact some unfortunate things happend where he was detained and they found out he was here on expired papers and all they did was ask him why did he over stay his visa and gave him a court date to come back (he had gotten married one week before he was detained) but he does have a lawyer to help him with the AOS..I say marry your love and go from there.......No need to send her home and start again and run the risk of her not being able to enter the country again...GOOD LUCK to you!!!

[Boiler 45,402]

I dont have much personal experience with this issue but I have a friend who has been here illegally for 8 yrs. All he did was marry the USC and he is good he has a work permit and Social now....So why would you send your love back home just marry her and do the necessary paperwork that is all you have to do...and get a lawyer to help. Like I said my friend was here 8 yrs illegal he came on a visiting visa and never left and in fact some unfortunate things happend where he was detained and they found out he was here on expired papers and all they did was ask him why did he over stay his visa and gave him a court date to come back (he had gotten married one week before he was detained) but he does have a lawyer to help him with the AOS..I say marry your love and go from there.......No need to send her home and start again and run the risk of her not being able to enter the country again...GOOD LUCK to you!!!

So you start of by saying you do not know and then spend a lot of time proving it.

Weird.

[pushbrk 12,824]

I dont have much personal experience with this issue but I have a friend who has been here illegally for 8 yrs. All he did was marry the USC and he is good he has a work permit and Social now....So why would you send your love back home just marry her and do the necessary paperwork that is all you have to do...and get a lawyer to help. Like I said my friend was here 8 yrs illegal he came on a visiting visa and never left and in fact some unfortunate things happend where he was detained and they found out he was here on expired papers and all they did was ask him why did he over stay his visa and gave him a court date to come back (he had gotten married one week before he was detained) but he does have a lawyer to help him with the AOS..I say marry your love and go from there.......No need to send her home and start again and run the risk of her not being able to enter the country again...GOOD LUCK to you!!!

This is a case of "entered without inspection". Your friend entered legally and overstayed. It's like night and day, not even similar from an immigration process standpoint.

[patient2010 93]

So you start of by saying you do not know and then spend a lot of time proving it.

Weird.

Not weird Boiler I started off by saying I dont have any personal experience which I dont and I then went on to give an example of my friends case so I am not really proving anything. Just giving an example that is all

This is a case of "entered without inspection". Your friend entered legally and overstayed. It's like night and day, not even similar from an immigration process standpoint.

oh ok I didnt know there was a difference. Can you please share with me the difference because you are right he entered and was inspected and over stayed his visa...Thanks in advance straight talker

[TracyTN 237]

How the person entered is the difference. Legally vs. illegally (EWI or entered without inspection).

[pushbrk 12,824]

How the person entered is the difference. Legally vs. illegally (EWI or entered without inspection).

The difference in procedure is one gets to stay and become a permanent resident and the other doesn't. Overstays after legal entry are forgiven when you marry a US Citizen under many circumstances but are almost never forgiven without leaving and re-entering legally after securing a hardship waiver.

It's like the difference between a misdemeanor and a felony. The consequences are quite different.

[Mandy P 3]

Every situation is different. My ex husband's cousin, came in legally, overstayed, married a USC, was married to her for almost 6 years and then immigration caught up with him because he overstayed. He was arrested in his home and held for over 10 months in jail for it, missing the birth of his child in the meantime. It's so hard to predict what will and will not happen. Just get some legal advice and read the laws for yourself and try to understand as much as you can and choose from your options carefully.

[pushbrk 12,824]

Every situation is different. My ex husband's cousin, came in legally, overstayed, married a USC, was married to her for almost 6 years and then immigration caught up with him because he overstayed. He was arrested in his home and held for over 10 months in jail for it, missing the birth of his child in the meantime. It's so hard to predict what will and will not happen. Just get some legal advice and read the laws for yourself and try to understand as much as you can and choose from your options carefully.

Yes, if you overstay and then make no effort to adjust status after marriage, anything can happen. To get an immigration benefit, one must actually apply for it. Once arrested and in deportation proceedings, the options change.

[Mandy P 3]

Yes, if you overstay and then make no effort to adjust status after marriage, anything can happen. To get an immigration benefit, one must actually apply for it. Once arrested and in deportation proceedings, the options change.

No, they had filed for AOS and had actually been held up getting adjusted because of his overstay. In the middle of AOS, he was arrested and jailed. You just never know what can happen.

[JimVaPhuong 4,863]

No, they had filed for AOS and had actually been held up getting adjusted because of his overstay. In the middle of AOS, he was arrested and jailed. You just never know what can happen.

Then there's probably more to the story than you're telling us, or there's more that your ex-husband's cousin is not telling you. Once an AOS petition has been accepted by USCIS then the applicant is given temporary legal status while the petition is adjudicated. If what you are saying is accurate, then USCIS probably never accepted the AOS petition. One possible scenario that would explain what you describe is if the cousin received a notice to show up for a deportation hearing and he responded by sending an AOS petition and skipped the deportation hearing. As pushbrk said, things change dramatically once removal proceedings have been started.

When you're applying to become a permanent resident you are asking the US government to change your classification from one status to another. The general requirement is that the status you're changing from must be "non-immigrant", i.e., entered as a non-immigrant and maintained that status legally. The law generally does not allow you to adjust from "out of status" to "permanent resident". However, there is an exception in the law for an immediate relative of a US citizen. There ARE no exceptions to adjust from "entry without inspection" or "pending removal".

[Matt&Kaci 3]

Then there's probably more to the story than you're telling us, or there's more that your ex-husband's cousin is not telling you. Once an AOS petition has been accepted by USCIS then the applicant is given temporary legal status while the petition is adjudicated. If what you are saying is accurate, then USCIS probably never accepted the AOS petition. One possible scenario that would explain what you describe is if the cousin received a notice to show up for a deportation hearing and he responded by sending an AOS petition and skipped the deportation hearing. As pushbrk said, things change dramatically once removal proceedings have been started.

When you're applying to become a permanent resident you are asking the US government to change your classification from one status to another. The general requirement is that the status you're changing from must be "non-immigrant", i.e., entered as a non-immigrant and maintained that status legally. The law generally does not allow you to adjust from "out of status" to "permanent resident". However, there is an exception in the law for an immediate relative of a US citizen. There ARE no exceptions to adjust from "entry without inspection" or "pending removal".

My fiance and I are getting married on September 25th, which will be the 88th day from entry. I wish we could have had an earlier wedding but we wanted a full scale wedding with all the trimmings on the ocean. My question is will there be a big issue if I end up sending the AOS in three or four days past the 90 day mark. I know we will be out of status but I hear some people say once you recieve your NOA1 she will be back in status is that correct?