Marriage After Removal

[GMoney 0]

I recently engaged my high school sweet heart and now it seems we may be torn apart because of her immigration (non) status. She came here with her family legally from Bulgaria through a port of entry when she was 8 years old, but unfortunately her family never gained permanent status. Eventually, their temporary status no longer renewed, but she stayed in the US anyway and still works and goes to school illegally. Even worse, after speaking with a lawyer we found out her parents went to court to fight removal of their family years ago and even appealed the decision with no success because their crook of a lawyer didn't translate their papers and the case was denied. Somehow even with the Removal, she stayed in the country unnoticed because she was given a valid SSN when she came here, she is 100% Americanized and looks and sounds as such and no one has ever checked or noticed her.

Basically our lawyer told us that we cant even apply for adjustment of status or anything because they would detain her on the spot and send her back to Bulgaria. The situation seems hopeless and I feel helpless. I don't know what to do or what I even can do to stay together with this girl. I wouldn't mind leaving the US to be with her for a few years, but ultimately I want a life and family with her here in the US where we were both raised. I'm worried that once she is discovered, she will be permanently banned from coming back because of her illegal working/school/overstay, but I don't know what the grounds are for that. Based on how long she currently has overstayed she falls under the 10 year bar as of now.

Has anyone out there made it through a situation like this? I don't even know what our options are at this point or what we can even do. If she leaves the country will I be able to bring her back in with a fiancee visa and do things the proper way without a hitch? Is there a chance she will be permanently banned from the US based on her activity? What can we possibly do to eventually get married and have a life together here in the US? Any information or resources to help us out would be greatly appreciated, we are overwhelmed and don't know where to even begin.

[VanessaTony 3,567]

In my personal opinion you should marry her BEFORE she leaves, if she should leave at all (someone else will probably say she should stay in the US). The working illegally is forgiven when married to a USC.

She entered legally so that's another good thing.

The only issue I really see is she'll need a waiver of some sort for the "removal" and the fact she ignored it (I think her age at the time matters too). I don't know enough about waivers but I don't think all is lost. Stay strong. Someone well versed in waviers should be able to answer your questions.

At the very least I believe you should speak with an immigration lawyer. I know of Laurel Scott but perhaps someone else can give you some ideas.

Best of luck.

Edited May 9, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

Your post does not give much detail about important events. First, forget her family, it's not about them.

If she came legally as a child, her clock started clicking at 18-1/2 years. Doesn't matter as overstay is being erased at AOS. The only problems are; 1) school 2) work, and 3) deportation orders.

1) If she ever marked the field US citizen on any school or college application, or if anybody (i.e., her parents) made such a claim on her behalf in order to get her enrolled, you have a lifetime dealbreaker.

2) Same as one. Working without authorization is forgiven at AOS as well, but if she ever claimed to be a USC on any form asking whether she is authorized to work in the US, the lifetime ban kicks in.

3) You did not mention when the deportation trial was, how old she was (or even is now), if she was present in court, had been detained or plead for voluntary departure, etc. This is important stuff. Look it up.

Edited May 9, 2010 by Just Bob

[GMoney 0]

1) If she ever marked the field US citizen on any school or college application, or if anybody (i.e., her parents) made such a claim on her behalf in order to get her enrolled, you have a lifetime dealbreaker.

2) Same as one. Working without authorization is forgiven at AOS as well, but if she ever claimed to be a USC on any form asking whether she is authorized to work in the US, the lifetime ban kicks in.

3) You did not mention when the deportation trial was, how old she was (or even is now), if she was present in court, had been detained or plead for voluntary departure, etc. This is important stuff. Look it up.

1. Yes she made a false claim on school application.

2. Not sure, I'll have to find out.

3. She is 25 now, the trial was when she was pretty young, under 18.

[canadian_wife 1,822]

You said you already have a lawyer, I surely hope it is a competent one. The false claim of US citizenship, plus the deportation order (not to mention living and working illegally) drastically complicates your case. You will need a qualified professional to help you through this. Laurel Scott is fantastic, she offers free immigration chats on Wednesdays. You can post your question at immigrate2us.net (another excellent site that deals with inadmissability and waivers) or scottimmigration.net

Good luck

[Deputy Purple 1,294]

1. Yes she made a false claim on school application.

Well that's deal breaker for you, might want to start thinking about living in Bulgaria with her...

Sorry but there are cases where someone else made the claim of Citizenship on behalf of the person while they were still a minor and they still got the lifetime ban.

Unless you've got a sizable "war chest" and the best immigration lawyers in your employ there really isn't anything you can do.

[sachinky 465]

False claim of USC is a lifetime ban with no waiver.

Besides, ignoring the removal orders don't show her in a good light.

Start thinking about life in Bulgaria or another third coutry.

Good luck!

[sachinky 465]

When was the removal ordered against her? Be aware that USCIS looks at any marriage AFTER removal proceedings have been initiated as a sham marriage solely entered into to gain immigration benefits. I'm not what your timelines are exactly, but be warned that you're in for an uphill battle. You will need a competent immigration attorney and a lot of $ to fight this case.

[Darnell 8,478]

Have you two thought about moving to Canada, settling there? Or New Zealand?

[emt103c 10]

False claim of US Citizenship ON IMMIGRATION DOCUMENTS or Govt Documents is a lifetime ban without a waiver. Get a GOOD attorney to find out if this qualifies or not. If she did not make a USC claim that counts against immigration, it would be a complicated, but not impossible. . .if her USC claim counts, it is impossible. . . .the only options are waiting for reform, waiting several years and taking a gamble on cancellation of removal, third country living or undocumented living. . . with a valid SS# she could last a long time without being caught.

Either way is going to need an EXCEPTIONAL attorney.

[Brother Hesekiel 2,236]

False claim of US Citizenship ON IMMIGRATION DOCUMENTS or Govt Documents is a lifetime ban without a waiver.

You are mistaken. That was the case until September 30, 1996. After that date it's ANY and ALL claims, even those not in the slightest related to immigration.

http://www.immigrationlinks.com/news/news938.htm

There is no way for a successful AOS without severe misrepresentation to cover up severe misrepresentation. And all of this after deportation orders have been ignored? I too would suggest to contact Laurel Scott. She's the one to talk to.

Edited May 10, 2010 by Just Bob

[Boiler 45,585]

The link states that not all claims result in a ban, some do, generally work and school do not.

As I understand it if you are in removal then you can not adjust in country usually, you would need to go home and go through the waiver process.

There are exceptions, but they are few and far between.

[Darnell 8,478]

IMO, that order of removal is still in place. She's chosen to ignore this order of removal. IMO, if ICE runs into her, she'll be deported quickly - there's a removal order already in place.

[GMoney 0]

Yea, you guys pretty much confirmed my fears. Sounds like we need to talk to some additional lawyers and more than likely start thinking about a life somewhere else because the one here is far from guaranteed. Thanks for the feedback, I'll do some research on Laurel Scott and start really thinking about other countries

[Boiler 45,585]

Try again...

By no means hopeless

And the other options of course is to just wait in out for CIR.

Edited May 11, 2010 by Boiler