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

[Surf2Salsa 0]

He's literally in no man's land. Nothing he can do.

Two choices,

1) Stay and wait for an amnesty IF one ever comes in the next few years, then proceed.

2) Find an attorney, and a competent and honest one, if he finds an idiot of an attorney he will never see the USA again.

I have dozens of tax clients who are either married or living with someone in this situation or ARE in this situation.

They are stuck as stuck can be, they should have never done what they did, but did it anyway.

Ignorance is a wonderful thing, as long as you're under it's wing.

[mamaSue 38]

Was there ever this type of amnesty??

I've never heard of an 'amnesty' where they just open the borders.....

Especially as this guy came in just not long after 9/11 !!

[Old Dominion 26]

I also doubt there was any kind of amnesty or waiver. Be that as it may, before doing anything (as several have advised) contact a competent attorney or the Catholic Charities immigrants' program nearest you if money is a valid concern. The length of the marriage may or may not be helpful.

[NArocks 13]

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.

However if you read the persons stroy you will see the stayed illegally however they entered at one time legally with Inspection at a port of entry. Have you friend get with an immigration attorney as this advise has been given over and over. Most VJ'erswho have overstayed have overstayed a type of visa that allowed them to enter legally from the onset.

Edited August 25, 2009 by NArocks

[scottydaniza 0]

Obviously this is not a good situation. I would say it is not cool that the guy is illegal and one of the reasons its taking me and my wife forever to get home! But it is also very sad that after reading all of this he will end up just live in hiding because he doesnt want to be separated from his wife. This makes borders just a huge mess. I hope something changes in our government that will prevent this type of thing from happening.

God bless,

[furiousng 2]

His best let me rephrase his only option for now, is to consult with a qualified and experienced immigration attorney especially one experienced in waivers. Good luck!!

Edited August 25, 2009 by furiousng

[NigeriaorBust 4,087]

The site immigrate2us is much more couples where one has an illegal entry oriented then VJ and he may find more information there. But they also state there is NO current way to become legal for those that entered without inspection without returning to the home country. The OP should check out the Africa 601 waiver section there as it list about as many reason that the OP will NEVER be allowed to be admitted as reasons they may work out the situation with a rather expensive process using applications for waivers of inadmissibility. I understand that subSarahan is an area where waivers are nearly impossible to get approved. It appears the couple have a long long journey.

[edcokpareke 5]

Thanks for all the replies. I will check out the website you recommended.

I found out last night that he and his wife have a 4 year old son. Does this change anything?

[NigeriaorBust 4,087]

No having babies does not affect the process. Many people believe it helps but it does not

[NArocks 13]

The only thing is his Baby is a citizen and not subject to deportation. It is sad especially with the child involved. Spend some money and get with an attorney ASAP

[Krikit 1,165]

You may find this link informative:

Unlawful Entry or Unlawful Overstay of a Visa

[Usui Takumi 1,562]

Hey Krikit, somewhat off topic but in your link that firm says "An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he: worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen;

According to them it sounds like working without EAD is automatically forgiven if your married to a USC.

Edited August 25, 2009 by lancer1655

[NArocks 13]

Hey Krikit, somewhat off topic but in your link that firm says "An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he: worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen;

According to them it sounds like working without EAD is automatically forgiven if your married to a USC.

It ususally is, my hubby worked for like 6 years withut an EAD all was forgiven as he married a citizen

[Usui Takumi 1,562]

EAD has always been a sticking point for me. Why not just hand it out on entry...just seems like a waste of time + money, especially as it seems 75% of people get an EAD before anyone cracks open their AOS file and start to review it. And now if its forgiven anyway whats the point of it all. They've never managed to properly inform the visa holder instead they shiftily change the I9 requirements which typically only employers are aware of. Its as if the guy who makes the policies was on heroin.

Edited August 25, 2009 by lancer1655

[Dee Bee 0]

I know a person (acquaintance) that has the same situation (got in the US 15 years ago, using a different name - not his real name- on the passport, but he cannot locate his passport anymore so he does not have anything to show proof that he got here legally). That is a serious issue. It bothered me since I got worried about him and his family when I found out about it.

But the thing is that he doesn't even care about how serious his situation can be. I offered him to contact our lawyer for a "FREE" consultation and his response was " I'm throwing a b-day party for my daughter and he will be spending a lot of money on it" so the immigration issue can wait.. because he has not enough funds. Plus he said his wife and daughter is a USC anyways.... blah blah blah..

So no matter how much people advise him, if he cannot help himself then I cannot help him or no one can help him.. right??

PS: Mind you, he does not have a valid license (suspended of some sort, working illegally) kinda risky I think

Edited August 26, 2009 by Dee Bee