My best friend is an illegal alien.

[I AM NOT THAT GUY 5,715]

not charged. What kind of options could this guy have? Is there ANY way he could become legal here? I heard about a visa waiver program with Spain and Germany? Could he get citizenship there and then use the visa waiver program to stay in the US for 90 days at a time? I realize this question is a bit involved but I'm hoping someone out there can answer it.

Some folks from south of the border have obtained Canadien citizenship before coming to the US legally. I don't know if that route is still as viable as it was a couple of decades ago.

"Canadian" has no 'e' in it - eh

I'm not sure what this viable route was decades ago, but I doubt this person would have any more luck getting Canadian citizenship unless he is qualified in some particular in demand field - which is entirely possible and worth looking in to if that is the case.

I have seen it both ways. So "Canadian" is preferred?

ETA: (Unless you are from Montreal?)

Edited October 22, 2009 by Lone Ranger

[lucyrich 20]

Whether he gets another citizenship or not isn't particularly relevant to how he can get some sort of legal status in the US. Suppose he could magically get Canadian citizenship next week. That still doesn't help him, because he's already accumulated enough illegal presence time that he's got a bar to re-entry. If he enters the US in violation of that bar (and he might be able to get across the border as a Canadian citizen claiming to be a tourist without having the inspector notice his prior illegal presence), then he still can't adjust status, and it'll be hard for him to do anything without making a misrepresentation. A misrepresentation makes him deportable and permanently inadmissible with no waiver available.

As has been said, he can't adjust status while remaining in the US. Even if he marries a US Citizen. Barring unusual situations such as a credible case for asylum or a petition already filed for him during the INA 245(i) time (before 2001), his only option under current law is to leave the US, get a visa, and enter legally with that visa.

As soon as he leaves the US, he'll trigger a 10 year ban if he's been in the US out of status for more than 1 year. The ban is only 3 years if he's got more than 180 days but less than 1 year of illegal presence. If he's got less than 180 days of illegal presence, there's no bar to re-entry (but he'll probably have trouble proving non-immigrant intent if trying to enter on a basis that requires non-immigrant intent).

A waiver is sometimes available for the 3/10 year bans, but it's a long process with no guaranteed success. Success depends on showing "extreme hardship" to a US Citizen.

I'm not sure what complications the arrest record may present. Has he ever had contact with immigration officials? Has he entered the US after an immigration violation? That can make things much worse.

He should schedule a half hour discussion with an immigration attorney or two, to verify this and to explore whether or not there are any other options that may apply to his case. Note that getting married, leaving the country, or filing paperwork with the USCIS could make things better or worse, but they are actions that are hard to undo once done, so a consultation before taking one of these irreversible actions may be a wise thing.

[canadian_wife 1,829]

I have seen it both ways. So "Canadian" is preferred?

ETA: (Unless you are from Montreal?)

For Anglophones it's Canadian

For Francophones it's Canadien

Typicaly it's Canadian

[justashooter 430]

Regardless if your friend obtains another citizenship, that does not erase the illegal entry and illegal presence in the US. That will still have to be dealt with. You're friend's best bet is to leave and serve out his ban. If he marries his current girlfriend, she can petition for him and file the I-601 to overcome the ban

Good luck.

because your buddy entered without inspection and was arrested for some offense in the US there is now a record with his name and fingerprints of illegal presence that will come to light in any further contacts with USCIS. he needs to go back to mexico and make sure that his trip is documented and part of the USCIS record to minimise the length of ban.