Friend in deportation proceedings

[mrs. wife! 3]

So, illegal work is forgiven only when AOS or if applying for CR1, IR1 or K3 is also forgiven?

Because we know overstay it's not forgiven 'automatic' if you leave the country as it is for AOS filers, you will need a waiver for that. So the same applies for working without authorization or not? - in case you left the country/applying abroad.

Edited April 26, 2010 by mrs. wife!

[Minya's wife 25]

So, illegal work is forgiven only when AOS or if applying for CR1, IR1 or K3 is also forgiven?

Because we know overstay it's not forgiven 'automatic' if you leave the country as it is for AOS filers, you will need a waiver for that. So the same applies for working without authorization or not? - in case you left the country/applying abroad.

You're mixing things up here. AOS is Adjustment of Status, I-485 petition which is filed with USCIS. The IR/CR or K-3 are visas, for which you apply at a US consulate overseas. The underlying petition, which must first be approved before you apply for any of these visas, is the I-130....that is what is filed with USCIS.

I'm not sure what your question is though. Are you speaking of someone who was in the US, overstayed and left the country, then their spouse filed a spousal petition to bring them back? In that case, overstay is not forgiven...and bans are levied, depending on the length of overstay. Overstay and unauthorized employement is only 'forgiven' if adjusting status from the US, based on marriage to USC.

[mrs. wife! 3]

Thanks for your reply.

I know overstaying a visa is not forgiven when you leave the Country.

My question is.... Let's suppose you went to the US on a tourist visa, did some work without authorization, left the country (no overstaying) and applied for CR1/IR1.

At the interview, if they find out you worked illegal (no overstay, just working illegally), are you forgiven as well? Or the 'forgiven' only works when you are doing AOS (in US soil)?

Sorry if I was not clear in my question before.

Edited April 26, 2010 by mrs. wife!

[sachinky 465]

That's an interesting question--

Is unauthorized working forgiven when applying for a CR-1 from outside the country. I'd assume your marriage to a USC would be the overriding factor--but I could be wrong.

Edited April 26, 2010 by sachinky

[smiley1 3]

your friend needs to accept the consequences of her illegal activities and start packing. she should depart voluntarily, surrender her GC to appropriate authorities on departure, and notify the immigration court her hearing is scheduled in of time/place/POE of her departure, after making sure it is recorded by the authorities there.

too many people come to USA and violate it's laws and then say "but i didn't know". those of us here legally are tired of hearing the excuses.

OMG where did you read that she got the GC? U should actually read the entire post before you respond...

[smiley1 3]

Your friend should get the lawyer and try to fight this. I am telling you this because while we were waiting for our interview with the lawyer that we hired he told us stories to make us understand how bad the immigration system is here and that can be in your friend's advantage...He told us about one of his clients who drove intoxicated and killed a cop...(which is alot worse than what your friend did).USCIS has tried to deport that person soo hard but they just can't do it...It is crazy, it is unbelievable,it is bad but a good lawyer makes a huge difference... and in my opinion if a murderer can fight and stay here then i defenitely think that your friend has a chance to stay here.

I still cannot understand why she used a fake SSN when people are able to get a tax ID number even if they are here illegally...and not just that it is also weird why she would admit that without trying to consult someone about the possible consequences...

I with your friend good luck and I hope that she will learn from her mistakes...

[Donald-n-Analyn 6]

Of course your friend needs a lawyer at this point. But I am not sure that her case is lost yet. Also, I think that there is a big difference between using a SSN that you know belongs to someone else, and just making up a random number to fill in the blanks. A random number may or may not belong to anyone else, and does not rise to the level of "identity theft" from my viewpoint.

I also don't think that the "what the hell was she thinking?" posts are uncalled for. When was the last time you saw a topic that read something like: "I, or My friend, did something really stupid. Does anyone have any good after-the-fact criticism or ridicule I can use?"

Good luck to you friend.

Disclaimer: I am not a lawyer, and I have not even slept in a Holiday Inn Express in years.

[edited for a typo]

Edited April 26, 2010 by Donald-n-Analyn

[justashooter 430]

OMG where did you read that she got the GC? U should actually read the entire post before you respond...

whatever. we're still tired of illegals abusing the system, getting caught, then coming here asking for help.

this website is all about legal immigration.

[belinda63 3,047]

I was just curious as to what the person's mindset was as to why, after having been denied AOS and I'm assuming being told they must file an appeal or leave the country in 30 days, they chose to not do one or the other. That question has now been answered to some degree.

Obviously we have all done stupid things in our lives (myself having made some major oops) but ignoring a notice from immigration (as it appeared from the original post they had done) and simply continuing to live here illegally could have serious ramifications in the future. As to whether it would have been easier and less expensive in the long run for the person to have voluntarily left the country and applied for a CR-1 or to remain in the country and fight the deportation is no longer an issue the decision having been made clear from a later post.

As I said originally it is all water under the bridge but MAYBE someone else coming here will be in a similar situation and it will help them to decide the best course of action.

[Luckygoat 2]

I would advised your friend to not waste 12,000 on a lawyer. Use that money and start a life in her home country. It is clearly written out that any serious crime/felony will hinder your chances of getting a GC. She has a 1% chance of fighting this situation and I would be even hurt if she spent her money and still get sent back home. My heart goes out to her. I just wish she didnt say anything at the interview....they say be truthful at the interview but you have to use common sense. I know she thought she was doing the right thing but her crime falls in the line of an immidiate denial, deportion and ban. Sorry

[Boondocks 0]

To everyone who has responded to my post, I really appreciate all your input/advice/concerns.

Honestly I am not sure what my friend was thinking and what the outcome is going to be. Her reason for not appealing on time was that she was trying to put some money together for an attorney to represent her but ran out of time. I think the attorney wanted like $4000 0r $5,000 upfront in order to appeal the case.

Honestly I fear the worst but I have to stay optimistic. She has found a really good immigration attorney and has said she can be successful in the case. I am worried but as my friend I don't want her to give up. The odds are really against her, I see it, but just have to keep hoping for the best!!

Langa,

interested in learning what was the eventual outcome?

is your friend still living in the US with her husband, or was she deported? (and hopefully her, her husband and their child are living together in a foreign country)

[Boiler 46,238]

OP has not been on this site during the last 3 years.

[Ontarkie 14,535]

~~Thread closed to further comments. An update is unlikely as the OP has not been back in 3 years as previously mentioned.~~