11 years illegal

[terri and jay 0]

oh man i gotta ask this how is he paying taxes if he is not legal he cant have a ss number, so is he using someone else's?

sara

that wouldnt surprise me, we had a lawyer tell my fiancee to use my ssn. need else to say we got rid of her.

[Kathryn41 3,205]

moved to general immigration forum from citizenship forum

[vip1 8]

Look, there are millions of illegal immigrants right now who have been working for years and paying taxes, don't you think that if there was a way to adjust your status so easily it would have been known by now, it just can't happen unless he marries someone, Period. I might add that the fact that no one has caught him yet because there a MILLIONS like him in the same situation, USA doesn't have the resources to find and kick out all of these people, plus they kind of need them for the economy. So sorry, but tell your friend there is no way besides marriage (I’m in no way suggesting he marries for the green card).

[bhajishah 4]

And now he wants to get married to USC??

Dang was he drunk and forgot about his ticket back to Scottland??

He probably will face a ban for a few yrs.

wonder if he paid taxes off income, or was bumming off some poor sucker for living.

WOW

2yrs of AP and waiting for hubby legit and have to hear these stories.

[lucyrich 20]

If immigration isn't looking for him then maybe now's a good time for him to go home and find a different visa to come here on legally and pray that he's not on the list already.

When does a ban take initial effect? Is it from the date you leave or the date you entered illegally? It seems to me there was a guy from france on here recently who's ban took effect from the day he entered illegally.

That's why you need good legal information before taking any irreversible action (like leaving the US).

The INA 212 a 9 b ban takes effect on the date you leave the US. If you don't leave the US, there is no ban. If you have a basis from which to adjust status, there may be no legal penalty whatsoever for an 11 year overstay, provided you adjust status without leaving the US. But the laws says there will be a penalty for leaving after having overstayed so long. That doesn't seem logical, and if I had been in charge of writing the law, it wouldn't be that way, but they didn't ask me. You deal with the laws as they are, not as they ought to be.

[Old Dominion 26]

There is some mistake here. For decades, at least, it has never been legal for someone on a tourist visa to be employed in the U.S. The UK also has this regulation, and has for at least a half-century.

However, until recently, the US did not require employers to make certain their employees were here legally.

More to the point, even a cracker-jack lawyer probably won't help so long as he is unmarried, though the lawyer would be happy to accept the fee in advance. As observed already, there are millions like your friend, and they seem to stay here safely. He has time, probably, to reflect on his marital intentions, if any, and get serious about life.

[Brother Hesekiel 2,236]

I was out of status for about 8 years.

Here is the date that matters: 1997 (don't remember the exact day and month).

If your friend entered the country legally, which he did, and has not left the US since, he can adjust status from within the US. Of course, he needs to show the two past years' tax returns when filing for AOS, which at this time he can't.

If he entered the country at any time after 1997, he cannot adjust from within the country and the 10-year ban applies.

[DEDixon 39]

His only way to stay here is to get married to a USC, if you come to America legally, over stay, become illegal, you can still get married and file like anyone else. I know someone who did this and her (his wife) paperwork processed in the normal amount of time (she had a GC in about 3 years from the time they married and no removal of conditions interview either). If anyone comes to America illegally, they basically have no options.

Wow, I had no idea Scotland was so bad that natives didn't want to return home where family and everything they know are.... sure he isn't wanted by the law?

[sjr09 155]

oh man i gotta ask this how is he paying taxes if he is not legal he cant have a ss number, so is he using someone else's?

sara

Are you really that naïve, False ID False SSN

This go’s on all the time and our government allows this problem to grow and fester. The IRS is just as culpable, they receive millions of tax dollars from illegal’s. Business hire them at low wages to make more profit and to drive American wages down. Why do you think members of congress are trying to kill the E-Verify program and other bills to stop illegal immigration Time to open your eyes……

http://www.chron.com/disp/story.mpl/hotstories/6539382.html Bond set for man with 28 deportations

http://abcnews.go.com/US/wireStory?id=8100783 Feds Accuse SC Poultry Plant of Illegal Hiring

Schumer Pushes Amnesty Bill by Labor Day, Despite the Objections of the American People http://www.fairus.org/site/News2/815371091?page=NewsArticle&id=20955&security=1601&news_iv_ctrl=1012#3

Virginia Pays $1 Billion for Illegal Immigration

House Committee Vote Will Lead to Taxpayer-Subsidized Health Care for Illegal Aliens. And on and on it go’s

[SuperDuper! 230]

He came here in the USA from Scotland 11 years ago, on a 3 month travel (tourist) visa and has been here all this time, ILLEGAL. He gave a lawyer $5000 3 years ago and the lawyer has done nothing and he cannot locate him.

Any advice for this case is highly appreciated.

Not enough information to give advice. What is this 'friend's' intention? (To remain - is he married? )

It's plenty of info, given the 11 yrs here. It's called, AMNESTY, and MANY have gotten it.

[TBoneTX 45,288]

This thread makes me uncomfortable. I believe that more than one reply here verges on (or crosses the line of) offering legal (or legalistic) advice that may or may not apply. Is it up to us to conjecture on the man's exact legal status, or to offer advice (with legal implications) on how to make an illegal resident legal? The man should consult an attorney, period. Perhaps a moderator will see fit to close this thread.

[Kathryn41 3,205]

I agree. The details as they have been presented are more involved than any of us here can safely address. Your friend needs the services of a good and knowledgeable immigration lawyer. Speculation can be harmful. I am closing this thread.

Edited July 27, 2009 by Kathryn41