Now What?

[mvngs 0]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

[Old Dominion 26]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

File for Adjustment of Status (also must file I-130) and Work Permit. If you can afford the cost, about $1,600 up front including filling fees and the required medical exam. If he entered the county legally, the years he overstayed his visa MAY be overlooked now that he is in a bona fide marriage. If he entered illegally....who knows what to expect? Expect to be able to provide accurate information on how he has been spending the last eleven years...where, why, etc.

You can get all the forms from links from this website.

[YuAndDan 153]

Not much can be done unless he entered the country legally and simply overstayed, if he still has the I-94 card from a legal entry, then yes you could adjust status.

If was legal entry to the USA and still has proof of the legal entry then look at this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

[pushbrk 13,073]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

If he entered legally, and overstayed, follow the AOS guide.

If he entered the US illegally, the next step is for him to leave the USA.

[GiGii 4]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

If he entered legally, and overstayed, follow the AOS guide.

If he entered the US illegally, the next step is for him to leave the USA.

One of the guys that cuts my lawn said he entered here illegally, no passport (jumped the border) , and was able to adjust status. He said it cost him $40K in lawyer fees though.

[YuAndDan 153]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

If he entered legally, and overstayed, follow the AOS guide.

If he entered the US illegally, the next step is for him to leave the USA.

Yep, and will have to deal with filing for a waiver to deal with the inadmissibility bar.

[Mononoke28 135]

What happens if the person came in with a tourist visa for example and doesn't have a copy of the I-94?

Diana

[YuAndDan 153]

What happens if the person came in with a tourist visa for example and doesn't have a copy of the I-94?

Diana

The only visitors I know of that may not get an I-94 tend to be Canadians, or Mexicans having what is called a laser visa who legally enter using a boarder crossing card.

Persons entering on VWP tend to get a green I-94 card.

From CBP:

Q: What is an Arrival-Departure Record and why do I need one?

A: The Arrival-Departure Record (CBP Form I-94) or the Crewman Landing Permit (CBP Form I-95) shows the date you arrived in the United States and the “Admitted Until” date, the date when your authorized period of stay expires, and class of admission. If arriving by air or sea, the transportation line will provide all non-immigrants a CBP Form I-94 (for all non-immigrants except crewmen) or CBP Form I-95 (for crewmen) if you have a non-immigrant visa in your passport. Visa Waiver Program (VWP) applicants will have to complete an Arrival-Departure Record, CBP Form I-94W (see Form I-94W section on cbp.gov). If coming to the U.S. by land, you will receive a blank CBP Form I-94, I-94W, or I-95 from a CBP officer upon arrival at the U.S. port of entry. Thes forms will be processed at a U.S. port of entry at a land border, airport or seaport. For preclearance or preinspection ports of entry, these forms are available upon entering the CBP primary passenger processing area.

You will be asked to complete the form prior to inspection. Review the form for accuracy and legibility before presenting it to the CBP officer.

During CBP processing, the CBP officer may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad. Upon completion of the CBP processing and stamping of your CBP Form I-94 or I-95, the CBP officer will affix the CBP Form I-94 or I-95 Form to your passport. If you are not required to present a passport, the form will be handed to you.

Prior to departing the CBP primary passenger processing area, review the class of admission and period of admission recorded on the admission stamp. The information transcribed on the CBP Form I-94 at the port of entry is the basis for all further immigration-related activity in which you may engage while in the United States. Benefit agencies, specifically the Social Security Administration, make decisions based on the hand-written endorsement recorded on the CBP Form I-94.

When you leave the country, you should give the CBP Form I-94 or I-95 to your airline or ship representative. If you are departing over a land border, give it to a Canadian or Mexican immigration officer. The CBP Form I-94 or I-95 that has been approved by a CBP officer proves that you were processed and admitted in to the United States and that at the time of your departure, you are within the period of your authorized stay.

Be sure to turn in the CBP Form I-94 or I-95 to the proper authorities on departure. This returned portion of the form proves you did not violate U.S. laws by overstaying your period of admission and staying in the country too long. It is evidence that you obeyed U.S. immigration laws and left timely, which is essential if you want to return to the United States at a future date as an immigrant or nonimmigrant.

Canadians who travel to the United States as a tourist or on business generally do not need the CBP Form I-94. Also, certain Mexicans who have a nonresident alien Mexican Border Crossing Card, commonly known as a laser visa or a multiple entry non-immigrant visa, may not require the CBP Form I-94.

You will need to replace your portion of the CBP Form I-94 or I-95, if it is lost, stolen or mutilated. If you are applying for an extension of stay or change of status, you will need to be issued a CBP Form I-94 or I-95, if you were not issued one of these documents when you first entered the country. See the U.S. Citizenship and Immigration Services (USCIS) Website (uscis.gov) for information on how to file for a replacement CBP Form I-94 or I-95.

Q: How do I apply for a Replacement Nonimmigrant Arrival-Departure Record, CBP Form I-94 or I-95, if the original was lost, stolen or is mutilated?

A: If you are applying to replace a lost, stolen or mutilated Arrival-Departure Record (CBP Form I-94) or Crewman's Landing Permit (CBP Form I-95), you must file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102) with the USCIS office having jurisdiction over where you are temporarily located.

If the CBP Form I-94 or I-95 was lost or stolen, submit a copy of the original CBP Form I-94 or I-95. If you do not have a copy of your original CBP Form I-94 or I-95, please submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by CBP officer when you entered the country. If you cannot submit any evidence of your legal admission to the United States, please submit a full explanation and proof of your identity.

http://www.cbp.gov/xp/cgov/travel/id_visa/...ture_record.xml

[Garu 0]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

Ask around and find a good immigration lawyer; preferably one that has worked specifically with cases like yours.

[SusieK 3]

Okay. We got married last month. My husband had been here 11yrs. illegally so what is our next step?

If he entered legally, and overstayed, follow the AOS guide.

If he entered the US illegally, the next step is for him to leave the USA.

One of the guys that cuts my lawn said he entered here illegally, no passport (jumped the border) , and was able to adjust status. He said it cost him $40K in lawyer fees though.

Darn thats alot of grass to cut for 40k.