Help! Entered the US with NO visa...married a citizen.

[edcokpareke 5]

Hello all. I'm asking this question on behalf of an undocumented friend who needs my help. When I say undocumented, I mean that literally. The USA has no record of his existence here. I recently filed for and received my own GC on my own, so I'm fairly knowledgeable about the process in general. Here's my friend's situation.

Sometime in the early 2002 or so, he flew to Mexico from his home country (Nigeria) and drove across the border into the USA with NO visa whatsoever. You may be wondering how that is possible. I'm wondering the same thing too. I asked him, and he said there was some sort of waiver or amnesty program in place at that time, so a visa was not required. Not quite sure I understand that, but that's his story.

So anyway, he met and married an American citizen, and they are pretty happy. He's basically been living under the radar this whole time due to his undocumented status. He would like to request an AOS based on marriage and file for a GC. Is there any route he could take to accomplish this feat? Since he has no current status, what would he be adjusting from?

Please...he needs our help.

Edited August 24, 2009 by edcokpareke

[Krikit 1,164]

Not sure how much help this will be but I'm moving your thread to the AOS From Other Visas forum.

[Minya's wife 24]

No...he entered without inspection. Not much option for your friend other than to return to his home country. He cannot adjust his status based on his marriage to the USC. His wife mail file an I-130, petition for alien relative and they can wait out the visa process, though with his 7 year overstay, I'm not sure if his visa would be granted.

[Anh map 2,098]

A qualified immigration attorney would be advisable as you mentioned Nigeria, regarded as the number 1 visa fraud post.

[Dakine 26]

I would say since he entered illegally he cannot adjust staus as he doesn't have any status to adjust from. I don't think USCIS considers illegal aliens as a status.

I'm sure most people here on VJ will agree that he can't adjust status since he entered the US illegally.

He should contact a immigration lawyer to see what options he has.

Edited August 24, 2009 by Haole

[Chica Yeyé 41]

Since he entered without inspection, Adjustment of Status is not an option - best of cases he goes back to Nigeria and begins the process from there; although with his overstay, chances are he would get at least a 10 year ban. Consult and immigration attorney.

[Krikit 1,164]

Judgemental and off topic comments have been removed. Please do not post in this forum and/or thread if you have nothing to contribute to the discussion. Thank you.

[Otto 83]

Best advice - as stated above a couple of times - get in touch with a qualified family-based immigration attorney before they do anything (don't file forms or leave the country until they get at least a consultation).

[Usui Takumi 1,562]

So is this waiverable?

[Chica Yeyé 41]

So is this waiverable?

No it is not, since he entered without inspection.

[Krikit 1,164]

Yes I did, and the Original Post is what should be removed. Asking for advice for illegal immigration has no place on this board. This is not an AOS, this is person who entered illegally and now is trying to get around the laws to remain here.

You have neither the full information on the situation nor the qualifications to determine whether this was an illegal entry or not. The OP states the husband entered during an amnesty program or waiver. Your post has been removed and administrative action taken.

[Krikit 1,164]

Returning a pertinent comment after some cutting and pasting:

Enough.

A moderator has viewed this post and has decided to leave it. The Moderator position on answering this question has been made clear.

OP - unfortunately no one here is qualified enough to give you comprehensive advice. Your case is one of the more complicated ones and your friend needs to seek the assistance of an immigration lawyer immediately. There is no cost effective way of dealing with this case. Your friend needs to be prepared for the worst, both from an emotional and cost POV.

[edcokpareke 5]

Wooooowww. Wasn't trying to start a fire storm. Just looking for information. No need to be so judgmental. Lots of posts on this forum are from people who have either over stayed their visas or violated the terms of their stay one way or another. They too are here illegally mind you. Anyhoo...thanks to those who gave advice. I see my friend most likely needs to leave the country.

[Spoom 8]

I echo the responses saying you should obtain an experienced immigration attorney. I don't think it's very likely you'll get anywhere without the beneficiary first going home. You will likely incur a ten year ban, and then have to apply for a waiver. I don't think the LIFE act will help you here since you probably were in the US illegally for more than one year.

[NigeriaorBust 4,087]

I have never heard of any program that would have allowed him in so easily. But no matter he is here illegally and it will be a difficult path. I am afraid he will have to leave and even if he tries to adjust here the marriage may be considered fraud to avoid deportation.