My girlfriend is an illegal allien

[NigeriaorBust 4,087]

You may want to talk to the people at immigrate2us.net They are the best site for people south of the US border with immigration issues. If they can't help you then you are beyond help. They are like VJ only they specialize in bans/waivers and such

good luck

Edited March 21, 2010 by NigeriaorBust

[mrmarouka 0]

Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!

[elmcitymaven 9,712]

Moving from K3 Process to General Immigration as the OP is not married and has not filed for a visa.

[JimVaPhuong 4,863]

My girlfriend entered illegaly to US about one year ago and was detained in Phoenix and signed a paper where she promised no to try to enter again in 5 years but she tried again and she is here. If I married her, what are the problems we are going to face if we apply for her green card. We need your help. Does anybody had the same problem?

Thanks for you help

You already know from the comments above that she's facing a lifetime ban if she gets caught. Some people have spouses who are sitting out a ban because of an EWI, and they go through a long and difficult process of trying to get a waiver based on extreme hardship, often without success. Your girlfriend isn't even eligible for the waiver because of her second EWI.

Others have suggested possibly having her return the same way she came, and just wait out the original 5 year ban. The only way this would work is if she manages to get out of the country undetected, and if there's no documented evidence available to the US government that she was here the second time, and you never disclose the fact that you met her in the US. If you marry her before she returns then you've forever blown any chance that this would work. There may also be risk to you if her second EWI is subsequently discovered, and if you lied about it on any immigration forms. She would be deported, but you could end up in jail.

I'm sure you've considered that she might be playing you because she thinks there's a chance she could stay legally if she married you. Tell her what her options are; sneak back across the border and wait out the ban, marry you and live in her home country for the rest of your lives, or remain here and never get legal status until she dies or gets caught again. After you tell her this, see if she still feels the same way about the relationship.

Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!

A nice bit of history, and about as relevant today as the Gettysburg Address.

[SunDrop 59]

If she sneaks back out undetected after her ban is up they can apply for a visa.

LOL, I wonder how often people get busted sneaking across the border INTO Mexico...

But on a serious note, I'm not even sure that this is an option, at least not without at least a 10 year wait since they ask you for domicile/ employment details. I suppose it depends on the country of provenance as to how 'checkable' these are, or indeed how/ if they do. Because of our local taxation system and electoral roll it would be very easy for someone to verify this information in the UK, but I've no doubt that many countries are not this formal or reliable.

If you are serious about this relationship to the point of either packing up and moving there for approximately 10 years, or living apart from her for that long, you need to get professional, experienced immigration advice. And read up at immigrate2us.net to see if there is any anecdotal advice from people who've been in similar situations.

[Sc0tt28 26]

Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!

A news commentator said it best I think:

Those in favor of illegal immigration often point to the words on the Statue of Liberty as proof that illegal aliens should be allowed to stream across our borders and remain here unhindered. They quote just a portion of the poem written by Emma Lazarus over 120 years ago called The New Colossus.

As with anything though, they are taking one portion of something out of context to fit their agenda. Its context was not to state that the United States of America was some sort of socialist utopia who would take in the infirm and provide everything for them, but that Lady Liberty would hold forth her torch by the Golden Door of opportunity, liberty and freedom. The United States is based fully on being a country of laws, the Constitution. Lady Liberty would no doubt be disgusted at the words on her base being used by law-breakers to excuse their actions to steal liberty from her citizens and those already here legally.

"the golden door" is something special that should be protected and not kicked down and trampled on.

[ziia 9]

be reminded that you are advising the OP to advise his GF to continue an illegal act. this is in violation of the terms of service for this site. i am sure a mod will note this, as they do monitor threads related to illegal presence.

Oh...I didn't think of it that way. It was an unintentional mistake. If I can't edit my post, I will notify the moderators myself. Thx for bringing my attention onto it.

[Brother Hesekiel 2,236]

The O.P. is a US citizen. He is not doing anything illegal, and the advice "in question" was directed toward him, so it also did not constitute anything illegal. Telling him that he has to wait marrying his girlfriend until an amnesty takes place is also not illegal. In fact, there's nothing illegal in there, and there's no violation of any VJ rules implied.

You guys need to lighten up a little bit, unless you really don't want to provide any help to O.P.s.

[Kathryn41 3,205]

Post and post quoting same removed at the OP's request. Material from the post quoting same returned to the thread here:

justashooter:

be reminded that you are advising the OP to advise his GF to continue an illegal act. this is in violation of the terms of service for this site. i am sure a mod will note this, as they do monitor threads related to illegal presence.

JimVaPhuong, on 22 March 2010 - 02:29 PM, said:

A nice bit of history, and about as relevant today as the Gettysburg Address.

the gettysburg address retains relevance, and will as long as this country remains.

Edited March 23, 2010 by Kathryn41

[mrmarouka 0]

A news commentator said it best I think:

Those in favor of illegal immigration often point to the words on the Statue of Liberty as proof that illegal aliens should be allowed to stream across our borders and remain here unhindered. They quote just a portion of the poem written by Emma Lazarus over 120 years ago called The New Colossus.

As with anything though, they are taking one portion of something out of context to fit their agenda. Its context was not to state that the United States of America was some sort of socialist utopia who would take in the infirm and provide everything for them, but that Lady Liberty would hold forth her torch by the Golden Door of opportunity, liberty and freedom. The United States is based fully on being a country of laws, the Constitution. Lady Liberty would no doubt be disgusted at the words on her base being used by law-breakers to excuse their actions to steal liberty from her citizens and those already here legally.

"the golden door" is something special that should be protected and not kicked down and trampled on.

LOL. Touché.

[FrancElsie 6]

Yes and a competent ethical immigration attorney is probably going to advise you that you'll have a very long, difficult and expensive process ahead of you with no guarantee of success, ever.

Can the words competent, ethical and attorney be used in the same sentence?

[Brother Hesekiel 2,236]

Yes.

[momof1 205]

I just wanted to clarify a few things. The ban for this violation falls under 2129cii of the immigration and nationality acti. It states that those who were removed or deported and subsequently re-enter(or attempt to re-enter) without inspection are 1) given a lifetime ban upon their departure from the us and 2) are not eligible for a waiver of that inadmissibility until 10 years outside of the US have passed. The only way around it is if she by some chance entered with inspection fraudulently and can prove her inspected entry. It doesn't sound like that's the case, but if it were she could file a waiver immediately. The only other option is for those who have spent 10 years continual presence in the US. They can file for cancellation of removal based on extreme and unsual hardship to their USC relative. ICE generally will not allow people to voluntary enter into removal proceedings in order to file for cancellation, but it is an option if someone is detained and has been here for a while.

There are quite a few people in www.immigrate2us.net currently living out the ten year ban in Mexico and there are those in the US who are planning for the move as well. There is a dedicated thread "9c club" where you could find some support and information.

[YGandMAT 0]

You need to pray he does not get caught in the US a second time. I agree with other posts here. The best thing to do is have her go back to Mexico, and then you can file for her, and file for the waiver. If she continues to live in the US, she is jeopardizing her chances of becoming a legal us resident. If you really love her, and are in a financial position where you could move to Mexico, you should go for it.