Please help

[HelpPlease 0]

Hi there,

I am not sure if this is the right forum for this kind of case. Please move it to where it is more appropriate if needed.

I have a friend who has a friend who is in a big trouble. She would like some advice as to what she should/can do. My friend and I are aware that her case is not pretty but we would like to try to help her as much we can. She is being in fear, doesn’t have much money, and with very little resources. Any inputs/advice from you guys would be greatly appreciated.

This friend came here to the US about 7-8 years ago on a tourist visa. When her visa expired, she did not return to her home country. Somehow, she had managed to stay in the country ‘safely.’ Despite her status, frequent moves, and a lot of struggles, she was able to land a job at different places as she moved around. It wasn’t until a year or so ago when she decided to get married.

As I mentioned earlier, her case is not pretty and I am not happy about it, either. But, understandably, she had to do something to hopefully make her stay in the country legal. She hired a USC to marry her. He concurred and they got married, which was about a year or so ago. AOS was filed and everything seemed to go as planned. She received her EAD and got a job (she just had her EAD renewed a while back for another year). However, when they had to go to an AOS interview, the guy freaked out and refused to go with her. She had to postpone the interview (as far as I know, the postponement happened more than once). Finally, she got a letter from USCIS notifying her that her case had been “denied.” My friend and I have no idea the real reason of the denial. We both suspect that the real reason may be that they failed to show up at the interview.

At this point, she doesn’t know what to do or should do so that she can stay in the country – legally. When asked if she has thought about returning to her home country, she doesn’t want to do so. My friend and I believe that she must consult an immigration attorney. The thing is, she has had a very bad experience with one before and now is afraid that the same experience may happen again. Plus, she doesn’t have much money.

Does any of you know someone in this situation or similar? What can she do now to mitigate the seriousness of her case, hoping to get her another chance to correct herself and be able to stay legally in the country? Please help. My friend and I feel sorry for her and want to help her. Any inputs/comments/advice would be immensely appreciated. And please, do not be too harsh.

Thank you so much for reading and for helping.

Have a blessed day.

[Otto 83]

So it boils down to an 7+ year overstay - and a failed attempt at immigration fraud (although USCIS may/may not be aware of the latter). With the question "what can she do?"

Not a good cituation.

[Y's_habibitk 2]

She was already in the country illegally when she tried to adjust her status with a fraudulent marriage, right?

It doesnt sound like she has a legal leg to stand on.

She can either go home on her own, or live in fear of being caught and deported.

[Bobby+Umit 161]

Hmm - I agree with Otto.

Let's recap.

Overstay of visitors visa. (Usually forgiven for marriage to USC - not if the marriage was a sham)

Worked illegally. (Usually forgiven for marriage to USC - not if the marriage was a sham)

Hired someone for greencard. (Therefore misrepresenting herself to the USCIS)

AOS denied. (Because the USC realize he was commiting a crime)

Still here (illegal still, since the AOS has been denied)

I would suggest finding a very good lawyer. To many adverse factors I would think to allow her to stay in the country.

[^KK^ 3]

I can only wish you and your friend the best.

[Chica Yeyé 41]

Hmm - I agree with Otto.

Let's recap.

Overstay of visitors visa. (Usually forgiven for marriage to USC - not if the marriage was a sham)

Worked illegally. (Usually forgiven for marriage to USC - not if the marriage was a sham)

Hired someone for greencard. (Therefore misrepresenting herself to the USCIS)

AOS denied. (Because the USC realize he was commiting a crime)

Still here (illegal still, since the AOS has been denied)

I would suggest finding a very good lawyer. To many adverse factors I would think to allow her to stay in the country.

Indeed brother Bobby. The amount of adverse factors are quite in this case.

PLUS, I do not think she has ANY legal standing to adjust status, does she?

[Minya's wife 25]

You said it very well in one of your first sentences. Your friend is in very big trouble. At this point I'm not sure what exactly an immigration attorney can do to help her, even if he's the best in the country. Your friend has done entirely too many things demonstrating a somewhat willful disregard for visa/immigration laws...grossly overstayed a tourist visa, worked without authorization, attempted to commit fraud by applying for a green-card based on a fraudulent marriage, and continues to reside in the US without authorization and has no plans on leaving the country. I wish her good luck...but I see no resolution to her problem other than voluntarily leaving. If not...she'll have to live a lifetime 'under the radar' so to speak, hoping she does not get caught.

-P

[JERIII 8]

At this point, she doesn’t know what to do or should do so that she can stay in the country – legally. When asked if she has thought about returning to her home country, she doesn’t want to do so. My friend and I believe that she must consult an immigration attorney. The thing is, she has had a very bad experience with one before and now is afraid that the same experience may happen again. Plus, she doesn’t have much money.

As others have said, your friend does not seem to have any legal way to stay in the US. Not everyone may. It might be worth consulting a lawyer about how to get out of this with the least amount of damage.

The only other possibility I can think of - you don't say why she doesn't want to go home. If she just doesn't want to go, that doesn't matter. If she is afraid to go, and the fear has some legitimate basis, she might be eligible for refugee or asylum status. That's an extremely murky and difficult part of the immigration world and, again, she would need a lawyer.

She should probably try to find a legal clinic for immigrants and talk to someone.

[Bobby+Umit 161]

No status since the AOS was denied.

They should of received a letter stating what to do because of that. (Her status prior to the AOS was "overstay" by more than 1 year - so she is looking at a 10 year ban when she attempts to re-enter the US - that is, if she ever leaves....)

Some case law:

On the false marriage: (which it appears she wants to try with someone else? Which would be very difficult because she is in the USCIS system as being married and denied for the first marriage...)

• Matter of Blas , 15 I. & N. Dec. 626 (A.G., 1976) . Although family ties will ordinarily result in favorable exercise of discretion, they neither must nor should be used where it appears that the alien has engaged in a course of deception designed to produce those very ties.

Also, to the OP, I would be very careful in your dealings with your friend. You know she is doing illegal acts, which can expose yourself to legal ramifications that you may not want to tackle.

I know you want to help her, but try to do so "legally".

[HelpPlease 0]

Also, to the OP, I would be very careful in your dealings with your friend. You know she is doing illegal acts, which can expose yourself to legal ramifications that you may not want to tackle.

I know you want to help her, but try to do so "legally".

Thank you very much for your concern. I truly appreciate it. I am very much careful and won't do anything illegally just to help her stay in this country. I am here just to seek help for her. I in fact do not know her in person. She is one of my good friends' friend.

This is just my curiosity:

(1) Because her AOS was denied, is her EAD still considered valid for her to work legally until the expiration date on the card? Well, nothing seems to be legal for her to begin with, so to speak.

(2) Because her overstay was pardoned due to her marriage to a USC (despite its being a sham marriage), she was not considered staying here illegally (to my understanding) while the AOS was being processed. Now that AOS was denied, what is her current status now while she still stays married?

To all of you: Thank you so much for your responses. She is in her late 40s and has been struggling trying to stay here for years. I would go back to my home country if I were her. And no, she can't claim any eligibility for refugee since her home country is a peaceful one with no hardship that can be used as a claim.

Again, thank you very much.

Edited April 30, 2009 by HelpPlease

[milimelo 4,568]

Also, to the OP, I would be very careful in your dealings with your friend. You know she is doing illegal acts, which can expose yourself to legal ramifications that you may not want to tackle.

I know you want to help her, but try to do so "legally".

Thank you very much for your concern. I truly appreciate it. I am very much careful and won't do anything illegally just to help her stay in this country. I am here just to seek help for her. I in fact do not know her in person. She is one of my good friends' friend.

This is just my curiosity:

(1) Because her AOS was denied, is her EAD still considered valid for her to work legally until the expiration date on the card? Well, nothing seems to be legal for her to begin with, so to speak. No, no longer valid since the adjustment is denied.

(2) Because her overstay was pardoned due to her marriage to a USC (despite its being a sham marriage), she was not considered staying here illegally (to my understanding) while the AOS was being processed. Now that AOS was denied, what is her current status now while she still stays married? Illegal alien.

To all of you: Thank you so much for your responses. She is in her late 40s and has been struggling trying to stay here for years. I would go back to my home country if I were her. And no, she can't claim any eligibility for refugee since her home country is a peaceful one with no hardship that can be used as a claim.

Again, thank you very much.

[Chica Yeyé 41]

She has NO status now.

Her EAD is no longer valid.

Pretty darn simple.

[Bobby+Umit 161]

Also, to the OP, I would be very careful in your dealings with your friend. You know she is doing illegal acts, which can expose yourself to legal ramifications that you may not want to tackle.

I know you want to help her, but try to do so "legally".

Thank you very much for your concern. I truly appreciate it. I am very much careful and won't do anything illegally just to help her stay in this country. I am here just to seek help for her. I in fact do not know her in person. She is one of my good friends' friend.

This is just my curiosity:

(1) Because her AOS was denied, is her EAD still considered valid for her to work legally until the expiration date on the card? Well, nothing seems to be legal for her to begin with, so to speak.

It was derived from the AOS, so USCIS may revoke it, and since, as you say, was received through a sham 485(marriage), I would not think it would be wise of her to keep using it. With that said, it as long as it's valid, it can be used, but it cannot be renewed, since the AOS was denied. She still is facing deportation in 30 days or so after the denial, didn't she get a letter from the USCIS?.

(2) Because her overstay was pardoned due to her marriage to a USC (despite its being a sham marriage), she was not considered staying here illegally (to my understanding) while the AOS was being processed. Now that AOS was denied, what is her current status now while she still stays married?

She is out of status currently. It has not been pardoned, since the AOS was denied. Also, since it was a sham marriage, she cannot derive any benefit out of that marriage. Let's put it this way, if ICE picks her up, even though she is still "married" to the USC, they would start deportation on her once they run her through the checks. Only by being in the process of adjustment of status was she "safe", which is no longer the case.

To all of you: Thank you so much for your responses. She is in her late 40s and has been struggling trying to stay here for years. I would go back to my home country if I were her. And no, she can't claim any eligibility for refugee since her home country is a peaceful one with no hardship that can be used as a claim.

Again, thank you very much.

Her best bet, as mentioned above - is to contact a lawyer.

[john_and_marlene 162]

(1) Because her AOS was denied, is her EAD still considered valid for her to work legally until the expiration date on the card? Well, nothing seems to be legal for her to begin with, so to speak.

(2) Because her overstay was pardoned due to her marriage to a USC (despite its being a sham marriage), she was not considered staying here illegally (to my understanding) while the AOS was being processed. Now that AOS was denied, what is her current status now while she still stays married?

(1) The EAD is an interim benefit tied to the AOS petition. The AOS denial voided the EAD

(2) Her overstay was not pardoned. Marrying a USC does not pardon overstays. Overstays cannot be the deciding factor for denying adjustment of status if married to a USC. While she did not accrue additional overstay time while the AOS was pending, the AOS denial adds the entire pending time back onto the amount of overstay. Her marriage does not change her immigration status.

[Bobby+Umit 161]

(1) Because her AOS was denied, is her EAD still considered valid for her to work legally until the expiration date on the card? Well, nothing seems to be legal for her to begin with, so to speak.

(2) Because her overstay was pardoned due to her marriage to a USC (despite its being a sham marriage), she was not considered staying here illegally (to my understanding) while the AOS was being processed. Now that AOS was denied, what is her current status now while she still stays married?

(1) The EAD is an interim benefit tied to the AOS petition. The AOS denial voided the EAD

(2) Her overstay was not pardoned. Marrying a USC does not pardon overstays. Overstays cannot be the deciding factor for denying adjustment of status if married to a USC. While she did not accrue additional overstay time while the AOS was pending, the AOS denial adds the entire pending time back onto the amount of overstay. Her marriage does not change her immigration status.

From my understanding, the EAD has to be revoked by USCIS for it not to be valid anymore (or it expires on it's own).

Of course the whole question is naught, since she is subject to being deported anyway, unless they fight it.

(and since the "husband" has cold feet, doesn't look good)

John - do you have any reference to this? I would like to learn more! Thanks!