already married to "illegal"

[Amoon 0]

I was in the same situation...I used to be married to an "illegal" Mexican. We were married almost 4 years (we got divorced of course). But early on I wanted to see if I could petition for legal status for him and I talked to several lawyers. The thing is after 9/11 all the laws changed. Before 9/11 you could petition for him and he would be "grandfathered in" is what the told me. But now that the laws have changed, once you apply for a green card for him, he will not have any documentation that he is here legally and if he has been in the US illegally for more than 1 year, they will automatically boot him from the country for 10 years (no entry whatsoever for 10 years)...after the 10 years he may re-enter. So unless you want to live outside the US with him for 10 years...you should just let that sit until they decide to change the laws. I'm sorry that is not any hope at all, but that is what I have been told numerous times by several different immigration lawyers.

[emt103c 10]

My husband is from Mexico and I was born in the US. We have been married for 2 years. We were married here. We went to an immigration lawyer to see if there was any way to get him a legal status. He didnt give us much hope. I am new to this site and need help. I am not sure if the lawyer is being truthful or if there is something else that we can do. If anyone has any advice please let me know. thanks

The answer to this question depends on many factors.

How did he enter? (with or without inspection)

How long has he been here?

How many times has he entered and for how long did he stay each time. . .how did he enter each time?

For most cases where the applicant entered illegally only once and only has illegal presence, there is a waiver, the I-601 you can file as a consular process to waive the ban incurred for illegal presence. Please check out www.i2us.net for more information (and more cheerful help.)

There are a ton of people in your same situation and there is a lot of information on how to file, what to file and how to support your documentation.

It takes a lot of research and work, but it can be done! Good luck!

[Caladan 19]

he has been here in the US for years. there is documentation if you consider his past tax returns. im just new to all this and have heard alot of different stories and thought that other people in my situation might have some answer, or better info for me. thanks!

Your options depend on his actions:

1) How did he come to the U.S.? If he overstayed a visa but entered legally, he can adjust status based on marriage. If he entered illegally, he will not be able to adjust within the U.S.

2) Has he ever been deported? (EWI after being deported, iirc, is not eligible for a waiver.)

Whether he is eligible for waivers depends in part on his actions. immigrate2us.net has good information, and a consultation with Laurel Scott (visacentral.net) who has experience with these specific sorts of issues might be advisable.

[LoveMyTico 999]

My husband is from Mexico and I was born in the US. We have been married for 2 years. We were married here. We went to an immigration lawyer to see if there was any way to get him a legal status. He didnt give us much hope. I am new to this site and need help. I am not sure if the lawyer is being truthful or if there is something else that we can do. If anyone has any advice please let me know. thanks

That depends...

Is your husband DOCUMENTED as being in this country????

If Immigration KNOWS that he is here (illegally), then he's dead meat (i.e. as soon as found, he will be deported and BANNED from this country for TEN years).

However, if they DON'T KNOW that he's here, he should get OUT A.S.A.P. without them knowing (easy enough), and then you should file a I-130 and I-129F with Immigration to bring him here legally (as long as they have NO history/documentation of his having been here illegally, he should be approved. If they DO have histroy/documentation of his having been here illegally, then it's 10 years exclusion).

GOOD LUCK and G-D BLESS.

how would they explain their meeting,their marriage?

and the marriage certificate ??? Unless they go to Mexico and get married just to get the Mexican certificate....

it was a pain in the A$$ for me to get my marriage certificate from CR. IT took 5 months and then I had to have it translated just to get my drivers license changed here. ( and I'm the USC)

Be careful you don't get caught lying. Make sure there is nothing in his name and that he isn't listed on anything that could trace him back to your house.

[Carmen & Aldo 0]

my only advice.. is wait for another Amnesty (IF) like back in 1986.. were all illegal aliens or people that were here at that time got legalized...

Its amazing how all that people forgot they way they emigrate to the US... lol... and then.. they dont speak a word of english.. shameful... and some of em are racist towards other mexicans or hispanics in general..

I dont know what else to say.. the first thing my lawyer asked me was If i entered the US legally, cuz if i didnt she would never been able to help me.. soooo its kinda hard.. once you jumped the fence... with no papers..

but errr good luck!

Edited February 17, 2009 by Carmen & Aldo

[LoveMyTico 999]

my only advice.. is wait for another Amnesty (IF) like back in 1986.. were all illegal aliens or people that were here at that time got legalized...

Its amazing how all that people forgot they way they emigrate to the US... lol... and then.. they dont speak a word of english.. shameful... and some of em are racist towards other mexicans or hispanics in general..

I dont know what else to say.. the first thing my lawyer asked me was If i entered the US legally, cuz if i didnt she would never been able to help me.. soooo its kinda hard.. once you jumped the fence... with no papers..

but errr good luck!

I have a hard time understanding why the government gives the ones who are trying to be legal a hard time. What about all the illegals who overstayed their visas or are undocumented and continue to work here and have no plans to become legal? They have kids here and they suck up free healthcare and send their kids to our public school. Then our school taxes are raised to cover these people. The cost to send one USC to a public school is amazing... and we have to foot the bill for the illegals too.... HMMMMMM

I think that if you are illegal and are trying to become legal to be a part of the working society in the US, then you should be approved.

Just my opinion.

[luv2uallday 1]

my only advice.. is wait for another Amnesty (IF) like back in 1986.. were all illegal aliens or people that were here at that time got legalized...

Its amazing how all that people forgot they way they emigrate to the US... lol... and then.. they dont speak a word of english.. shameful... and some of em are racist towards other mexicans or hispanics in general..

I dont know what else to say.. the first thing my lawyer asked me was If i entered the US legally, cuz if i didnt she would never been able to help me.. soooo its kinda hard.. once you jumped the fence... with no papers..

but errr good luck!

I have a hard time understanding why the government gives the ones who are trying to be legal a hard time. What about all the illegals who overstayed their visas or are undocumented and continue to work here and have no plans to become legal? They have kids here and they suck up free healthcare and send their kids to our public school. Then our school taxes are raised to cover these people. The cost to send one USC to a public school is amazing... and we have to foot the bill for the illegals too.... HMMMMMM

I think that if you are illegal and are trying to become legal to be a part of the working society in the US, then you should be approved.

Just my opinion.

I agree with your opinion it's disgusting that our goverment is willing to bend over backwards to help the dishonest (except those who came not by choice but by the sins of their parents) that jump the border. But, those who are waiting in line get no mercy little consideration. I been through the process twice know the ins and outs. It is totally upside down. They keep talking about help for the illegals what about help for the legals? why are they left hung out to dry? If they are more than willling to help the dishonest become honest then they should help the honest in their sacrifice waiting and being seperated from their families by accelerating the process to shorten the suffering. I never hear anything nothing to ease their plight. This all disgusts me.

On the other hand these people come here illegally out of desperation to feed their families. if they had another choice i'm sure they would stay with their families. But that doesn't make it right. We have families of our own to feed and those jobs they take can be given to americans who are out of work..

I beleive their should be a temporary visa system where if there are a demand for jobs for immigrants to fill they can come in a regulated and controlled flow to fill the demand so that all rights are protected citizen's and aliens. But we can't continue to lose our rights and oportunities and pay the burden for others responsabilities when we as americans have got our own burdens to take care of.

[Old Dominion 26]

To the OP, you might be able to obtain some good advice from your local Catholic church -- the church provides all kind of legal help and advice to immigrants having these problems.

[LoveMyTico 999]

my only advice.. is wait for another Amnesty (IF) like back in 1986.. were all illegal aliens or people that were here at that time got legalized...

Its amazing how all that people forgot they way they emigrate to the US... lol... and then.. they dont speak a word of english.. shameful... and some of em are racist towards other mexicans or hispanics in general..

I dont know what else to say.. the first thing my lawyer asked me was If i entered the US legally, cuz if i didnt she would never been able to help me.. soooo its kinda hard.. once you jumped the fence... with no papers..

but errr good luck!

I have a hard time understanding why the government gives the ones who are trying to be legal a hard time. What about all the illegals who overstayed their visas or are undocumented and continue to work here and have no plans to become legal? They have kids here and they suck up free healthcare and send their kids to our public school. Then our school taxes are raised to cover these people. The cost to send one USC to a public school is amazing... and we have to foot the bill for the illegals too.... HMMMMMM

I think that if you are illegal and are trying to become legal to be a part of the working society in the US, then you should be approved.

Just my opinion.

I agree with your opinion it's disgusting that our goverment is willing to bend over backwards to help the dishonest (except those who came not by choice but by the sins of their parents) that jump the border. But, those who are waiting in line get no mercy little consideration. I been through the process twice know the ins and outs. It is totally upside down. They keep talking about help for the illegals what about help for the legals? why are they left hung out to dry? If they are more than willling to help the dishonest become honest then they should help the honest in their sacrifice waiting and being seperated from their families by accelerating the process to shorten the suffering. I never hear anything nothing to ease their plight. This all disgusts me.

On the other hand these people come here illegally out of desperation to feed their families. if they had another choice i'm sure they would stay with their families. But that doesn't make it right. We have families of our own to feed and those jobs they take can be given to americans who are out of work..

I beleive their should be a temporary visa system where if there are a demand for jobs for immigrants to fill they can come in a regulated and controlled flow to fill the demand so that all rights are protected citizen's and aliens. But we can't continue to lose our rights and oportunities and pay the burden for others responsabilities when we as americans have got our own burdens to take care of.

As it stands now, there aren't even enough jobs for the Americans. The illegal people are costing the American tax payers huge amounts of money. Maybe the government should charge a huge fee for all the illegals who want to become legal. They have a certain amount of time to pay or they have to get out. Then the US government will at least have money to put towards something that benefits the USC.