Illegal for 10 years.....

[americankiwi 0]

Hey guys....I'm asking this question on behalf of my sister's husband who is illegal and has been for about 7 years now and I think may be dellusional! He is under the impression that after he is in the states illegally for 10 years he can become a permanent resident, and he didnt even enter legally!! This sounds pretty ridiculous and frustrating to me, especially after me and my husband just finished going through the waiver process out of the country so he can become a resident!! Can someone please confirm for me that his "10 year" idea is completely wrong!!! He can't get legal through my sister because they are actually seperating.....

[Jenn! 918]

If he had entered legally, but overstayed his visa, he would be able to adjust status based on marriage to a USC and his overstay would be forgiven. Since he entered illegally though, he would have to return to his country and apply for a spousal visa and file a waiver.

ETA: I'm not so sure he would even be able to file a waiver though. I think that because he was here illegally for more than a year, he'd be subject to a 10-year ban. Maybe that's where he's getting the 10 years idea from?

Edited October 30, 2007 by Jenn!

[luckysprite 0]

I know there is something called 'cancellation of removal' that one can qualify for after being in the US for 10 + years - but am not sure exactly how/who/what it takes to have that applied. I do belive it is not that common and actually really difficult to make happen - but here is a little bit I found about it:

Cancellation of removal and adjustment of status for nonpermanent residents, (previously known as suspension of deportation), is available to an alien who is inadmissible or deportable from the United States if the alien: (1) has been physically present in the United States for a continuous period of not less than ten years immediately preceding the date of such application; (2) has been a person of good moral character during such period; (3) has not been convicted of a criminal offense or security or terrorist related crime; and (4) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

here's a link to more about it

Maybe this is what he is thinking about??

[applesac 0]

I beleve the correct time for getting his legal status is 7 YEARS, it is very easy to obtain all he has to do is go to the nearest police department and tell them the situation they will then provide him with the proper paper work to be filled out. It's not well know buy very many people as they only issue a li

mited number. So have him hurry down to get his spot.

The truth is there is no such law, and if he is persitent in beleving so then send him for the paper work.

[Caladan 19]

I beleve the correct time for getting his legal status is 7 YEARS, it is very easy to obtain all he has to do is go to the nearest police department and tell them the situation they will then provide him with the proper paper work to be filled out. It's not well know buy very many people as they only issue a li

mited number. So have him hurry down to get his spot.

The truth is there is no such law, and if he is persitent in beleving so then send him for the paper work.

Lying to people isn't condoned on this site.

[jpaula 20]

Cancellation of removal proceedings are a whole other ballgame. Note that the hardship one must prove in this case is exceptional and extremely unusual hardship . This is a higher standard than the extreme and unusual hardship you have to prove in the normal waiver process. It is granted due to the hardship placed on a US citizen spouse, parent or child and thus would be all the more difficult to prove if they are seperated.

I think he is simply misinformed.

And not alone, I may add. There is so much misinformation that gets passed along through rumor, bad legal advice and the "my cousin's husband has a friend who was...and he never had to file a waiver and got his green card in two weeks." I think you either research the laws yourself and take responsibility for your own case our you go into it at your own peril.

Then again, if there is any legal basis to this 10 year notion I am sure there are alot--millions--of people who would love to know about it.