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Posted

Just wanting to get advice here in VJ on what to do with my father's case here in US.

My father entered Guam, US with working visa in 1997. After so many years the contract ended and he flew to mainland US, settled in New York, and became a registered nursing assistant. He continues to work as nurse assistant in NY until now, pays his taxes, etc.

However, he has always been afraid about his status. Not even wanting to fly here in Az for fear of immigration checkpoints or something.

My question is, Is there any way he can legalize his status since he has been here for over 10 years? At least for permanent residency? Just for his peace of mind.

Would be happy to hear expert opinions on this case from the usual helpful Vjers...

Thanks so much!

Posted
And what exactly is his current immigration status (if any)?

His status is TNT. Tango N Tango. Basically means running and hiding.

Divorce mom. Fall in love and marry a US citizen. and adjust status. Since he entered legally he'd have a shot at it.

If he goes home he'll probably get a 10 year ban. I guess you could petition him after the ban is over but it would be tough.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yeap, if he entered the US legally and now he is illegally in the US (or call him "out of status" maybe), I think his only option is to marry a USC to get legal.

USCIS won't allow people who have entered the US illegally to gain legal status through marriage.

If he has a driver's license or even a passport, he can fly and they won't question him unless for whatever reason someone reported a strange acting person on the same flight as your dad. Sometimes the actions of others cause the authorities to do things they don't normally do. If the flight is normal, he would be okay.

Good luck!



Life..... Nobody gets out alive.

Posted

I don't think his status can be TNT.....

He's been working in the US... and paying taxes... so he must have a SS card.

Correct me if I'm wrong.... an illegal alien can't obtain a SS card!

This is definitely a question for the experts.... maybe he needs to consult an immigration lawyer to find out what he can do.

Old and Grumpy....But an American Citizen!!!

Posted
Yeap, if he entered the US legally and now he is illegally in the US (or call him "out of status" maybe), I think his only option is to marry a USC to get legal.

USCIS won't allow people who have entered the US illegally to gain legal status through marriage.

If he has a driver's license or even a passport, he can fly and they won't question him unless for whatever reason someone reported a strange acting person on the same flight as your dad. Sometimes the actions of others cause the authorities to do things they don't normally do. If the flight is normal, he would be okay.

Good luck!

DON'T let him take a Greyhound as ICE checks the passengers frequently in the border states.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Kenya
Timeline
Posted
I don't think his status can be TNT.....

He's been working in the US... and paying taxes... so he must have a SS card.

Correct me if I'm wrong.... an illegal alien can't obtain a SS card!

This is definitely a question for the experts.... maybe he needs to consult an immigration lawyer to find out what he can do.

Oh, yes you can. Go to 43rd street and you can get any kind of card you want.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Posted
I don't think his status can be TNT.....

He's been working in the US... and paying taxes... so he must have a SS card.

Correct me if I'm wrong.... an illegal alien can't obtain a SS card!

Perhaps you're right that an illegal alien can't obtain a new SS card, but if a person obtained a legal SS card in the past, the expiration or termination of immigration status won't necessarily cause the card to evaporate, and it definitely won't cause the number to go away. So it's certainly NOT true that anyone with a SS card automatically has valid current immigration status.

Furthermore, some people work and pay taxes using an ITIN, which an illegal immigrant CAN obtain.

And others work and pay taxes using forged SS documents, which are also obtainable without having valid immigration status.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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