Question

[luxx 1]

Hi , I have a question, its about my friends case. She is a green card holder and she can apply for citizenship in August. Her husband is under deportation, he got it long time ago, but never left and they never went after him. Is she gonna have problems applying, and what she should put under question: Spouse immigration status? under deportation? And do you think her applying would raise a flag for immigration to go get her husband? Than you

[v333k 59]

Hi , I have a question, its about my friends case. She is a green card holder and she can apply for citizenship in August. Her husband is under deportation, he got it long time ago, but never left and they never went after him. Is she gonna have problems applying, and what she should put under question: Spouse immigration status? under deportation? And do you think her applying would raise a flag for immigration to go get her husband? Than you

It shouldn't - I guess she needs to apply and find out.

[Deputy Purple 1,294]

Did they get married before or after he entered Deportation Proceedings?

I've seen it mentioned many times that USCIS assumes a marriage entered into after Deportation Proceedings have been initiated then they assume it is just an attempt to avoid deportation and thus fraudulent.

[inloveVEN 46]

Hi

she needs to start the petition with an AOS process. As long as they can probe their bonafide marriage he would be forgiven. Her husband should never leave the country.

Edited May 21, 2010 by inloveVEN

[luxx 1]

Thank You guys!

Their marriage is bonafide, they got married 11 years ago and he got under deportation 6-7 years ago and they have 2 kids also. So she can adjust his status after, right? Would he have to go back and get 10 yr ban and try to adjust it in his country or they can do it in US. ( i am not sure how he enter the US first time)

[inloveVEN 46]

hi

1. She cannot leave the country

2. Please try read a lot about other people experience

3. In my oppinion, they should hire an attorney

4. Read the guides

There are several cases in Vj very similar with an string documentation

[luxx 1]

thank you, I just asked her and her husband came illegally in US 17 years ago. does this make any difference in adjusting his status? i will search VJ for similar cases,too thank you

[milimelo 4,572]

thank you, I just asked her and her husband came illegally in US 17 years ago. does this make any difference in adjusting his status? i will search VJ for similar cases,too thank you

If he came illegally, there won't be any adjustment of status, she better not waste the money.

[HeatDeath 430]

If he came illegally, there won't be any adjustment of status, she better not waste the money.

Well that depends on what kind of "illegally" he came in on. If he crossed a fence or got smuggled in, that's entry without inspection and milimelo is right - that's a showstopper: no AOS for you.

If he came in on some kind of short term nonimmigrant visa and vanished into the crowds, that's a different story. He's still just as illegal, and it's still a flagrant violation of the law, but visa overstays are generally forgiven (or perhaps it's more accurate to say the law mandates no non-waiverable penalty) for immediate relatives of US citizens.

Overstaying a visa, marrying a USC, and adjusting status is far from unheard of, and while it's illegal, dangerous (in terms of possible life disruption if caught), and massively inconvenient, it is doable. Entering without inspection, on the other hand, just totally screws up any realistic chance of ever normalizing your status, pretty much forever (or at least until you return home, serve out your 3 or 10 year bar, and reenter under a legal status).

[htslogistics-john 1]

in short: if he overstayed on any visa it will be forgiven if he sneeked it is much more difficult process.

[NickD 203]

Here again we go with place of birth, but this time an advantage to parents that came here illegally. Two kids of this marriage were mentioned, father is being deported, and the mother is somehow getting her permanent residence card, so apparently she may not here legally either. Assume these two kids were born in the USA and by some interpretation of the 14th amendment by the scholars of the supreme court in a very marginal vote, these kids automatically became US citizens.

A big hole was left by our founding fathers, isn't all men are created equal, just white men, millions of black salves were imported into this country, after the civil law, the 14th amendment was adopted to correct that vast injustice. Forefathers still wanted their salves.

From http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecenters4608

"The term “anchor baby” may be unfamiliar to most Americans but it succinctly describes a troubling aspect of American immigration. An anchor baby is defined as an offspring of an illegal immigrant or other non-citizen, who under current legal interpretation becomes a United States citizen at birth. These children may instantly qualify for welfare and other state and local benefit programs. Additionally with the passage of the 1965 Immigration and Nationality Act, the child may sponsor other family members for entry into the United States when he or she reaches the age of twenty-one . The sheer numbers are staggering. In Stockton, California (2003), 70 percent of the 2,300 babies, born in San Joaquin General Hospital’s maternity ward were anchor babies."

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To start off with, we have a screwed up law, two illegal parents the have kids here that are natural born US citizens. Just like in our divorce courts, the vast majority of the time, the kids are awarded to the mom, and the dad is stuck with child support payments, regardless of the reason for the divorce.

With illegal parents, its the guy that is deported, they don't deport the mom because the law feels the kids don't need both a mom and a dad, and the mom is most suitable to raise the kids. But since she is here illegally, she is not allowed to work so is handed over to the welfare system for support. but because of her US citizen kids, does have the opportunity to become legal. Really unfair to the dad.

Seem to run into a lot of that around here, but not only with federal laws, a lot depends upon the laws of your state that can be vastly different from federal laws or even procedures and even from state to state.

In any event, the "law" manages to break up the family, love that political party that claims to be family based, man, that is a line of BS of there ever was one.

The mom has the option of either staying here with her US citizen kids, or returning to the home country of her husband, seems like most opt to stay, so much about their marriage and a family that wants to stay together. Other complications arise depending on the country and their laws, as their kids were not born there.

In brief, its one hell of a mess. One world, one people all DNA related, and division with zillions of laws depending upon what brand of crack they are smoking.

With your friend, its her decision in a very complex highly variable legal system dealing with many different laws, does she want to keep her husband or stay here. Lots of money and a good attorney can carry out her desired wishes. Whatever those wishes are.

[mrs. wife! 3]

As stated before, if he entered without a visa (like crossing the border illegally) then he can't adjust status. He'll have to leave the country and apply for Cr1. A waiver will be needed as well.

[luxx 1]

I asked her did her husband came with a visa first time, and he did not, he came without inspection, She is not illegal, she came ,applyed for asylum , got her green card, and now she is eligible to apply for citizenship, Kids were born here. So, he would need to go back and wait 10 years and apply, right? And do you think that her applying for citizenship would raise a flag for immigration to go get her husband and deport him?

[milimelo 4,572]

I asked her did her husband came with a visa first time, and he did not, he came without inspection, She is not illegal, she came ,applyed for asylum , got her green card, and now she is eligible to apply for citizenship, Kids were born here. So, he would need to go back and wait 10 years and apply, right? And do you think that her applying for citizenship would raise a flag for immigration to go get her husband and deport him?

Well, she has to be honest - the N400 asks for any current and past marriages. Section 8. goes into detail - who you are married to, are they USC or something else and explanation.

Check out the instructions for N400 - there's also the penalties section on providing false information.

Isn't he already under deportation proceedings?

[luxx 1]

oh no, she never meant to lie on her application, just she wanted to know if that would make immigration go after her husband, because he has cancer and is taking chemo therapy, so if this would mean that immigration would go after him, she would delay her application until he gets better. And, yes he is under deportation proceedings for a long time now, but he never left and they never went after him to catch him,