Question

[milimelo 4,572]

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,

In this situation, she better consult an immigration attorney - Catholic charities have this sort of assistance. Sorry about her husband and I hope he recovers soon.

[HeatDeath 430]

Immigrate2us.net is another immigration discussion board similar to VisaJourney, except that where we specialize in general procedural issues for normal or near-normal cases (which is itself very important, don't get me wrong! - these can be tricky enough as it is! ), they specialize in issues surrounding waivers, bars, and entry-without-inspection's. OP's friend would be well advised, along with getting a lawyer, to spend several hours there reading everything she can find about EWI's and normalization of status.

From what I understand, applying for naturalization is a bad idea if you have an off-the-grid illegal spouse. The N-400 will want full contact and immigration status information for the spouse. Responding truthfully will definitely bring him to the unwelcome attention of the federales, and lying on the form will, when (not if!) caught, undo all of the immigration progress she's made, and could even get her deported. Some sort of deep legal magic will definitely be needed to normalize his status, and in her shoes, I would not voluntarily have any further dealings with USCIS until that was taken care of.

[luxx 1]

Thank You all!!!!!!!!!!

I just have another question, since he has to file waiver because of EWI , would her husband have to go back to his home country, or they can do it from here (US) ?

[milimelo 4,572]

Thank You all!!!!!!!!!!

I just have another question, since he has to file waiver because of EWI , would her husband have to go back to his home country, or they can do it from here (US) ?

Adjustment of status is not possible if someone was EWI - has to be done from home country.

[Brother Hesekiel 2,236]

I find all of the previous answers troubling. All of them.

She will have to mention her spouse's status. He doesn't have one. If she lies, chances are that she won't become a US citizen. One troubling aspect is her husband has been ordered deported, so he's a fugitive of the law. Harboring a fugitive is a crime. Does the husband live with her? If so, she's in trouble.

But let's assume she becomes a US citizen. There's still nothing she can't do for her husband. There's no adjustment of status possible as he has no status to adjust from. Since he's a fugitive of the law, he will be detained and deported with a 5 to 20 year ban attached, and if they ever find him and determine that she was helping him out, my guess is that they will have a close look at her petition and might determine that she lied, at which time she will not only lose her citizenship but also her residence.

[NickD 203]

Certainly a conflict between agencies, both husband and wife are parents of USC children, Medicaid and welfare want the dad around living at home to support the kids an pay their medical bills, USCIS wants him deported. They normally overlook the mom, someone has to raise these kids.

This is so typical of the hundreds of new government agencies that most were created in the last 40 years, each has their own interest, but a complete overview of any situation is not accounted for. In many cases have one agency contradicting another, follow one, break the law of the other. Our congress sure doesn't know what the hell is going on.

Bottom line on this poster is family, most of us here met our mates in different countries, no law against us getting married, but in regards to living together, that is a different story, and we were at mercy with the USCIS. Don't know about you, with long delays, evidence, a ton of paper work, we certainly had our doubts, but the USCIS finally said yes. But could have been a no just as well. In which case, a decision has to be made, we either split up or find a country that would accept us both, we were looking for such a country while waiting.

In like manner, the OP's friend has a choice, take her husband, kids, and herself, and move to a country that would love to have their family and perhaps even live happily ever after. Their kids can come back as adults if they want to, they are US citizens. The other choice is for the wife to divorce her husband, get him deported, then would be free to apply for US citizenship for herself.

Was yet another choice a long time ago, don't get involved in a situation like this. But until our government agencies get their act together, its going to be a mess. One solution, is to turn the clock back the way it was 40 years ago, before our idiot leaders created this huge mess.

[luxx 1]

oh ok, scary information, so, if she put under her husband status DEPORTATION ORDERED AND NEVER LEFT they will deny her application and take her permanent residence and deport them both? and yes, they live together

[NickD 203]

oh ok, scary information, so, if she put under her husband status DEPORTATION ORDERED AND NEVER LEFT they will deny her application and take her permanent residence and deport them both? and yes, they live together

Iffy about the mom, normally let them stay here if the mom of UC citizen kids that were born here. Those of us that brought immigrants here, may have a different view, went through a period of great stress and expense just to receive permission to bring them here with more stress and expense so they have permission to even stay here. And those that do come have to be very very good outside of a speeding ticket or a parking ticket.

But at least when an illegal is caught, most that is done, is that at the governments expense, they are returned to their home country, they are not fined nor jailed. I wasn't aware that some states simply give a court order to leave, in my state they are escorted out. But then we have one country with 50 different states and 50 different sets of laws, that gets confusing. And this man also ignored a court order, so the offenses are piling up on him.

I know that people around here are horrified that a family is broken up, but that is the law, if they don't like it, should fight for a change.

Once this country had open borders for all people, unless you were Black and brought here against your will to be a slave. But all that is changed, really teed off I now need a US passport for a business trip to Canada, plus have to wait in long lines, feel like a prisoner in a country I was expected to die for to maintain its freedom. And why should I be paying the price for incompetent law enforcement agencies that screwed up royally by not detecting these terrorists that came here legally?

I also have American friends that married Canadians when the laws were unheard of or not even being enforce, especially since the only thing that separates are countries is an imaginary line. They are going though hassles now with the USCIS.

On one hand, we now have a country getting very strict on immigration law by the same government that is selling our jobs and large corporations to foreign countries. Doesn't make any sense. We are suppose to live in a country where the government is ran by the people, but I guess the people are too busy watching the super bowl game or some other ridiculous thing.

[luxx 1]

Thank you all!!! Which one should she put NO STATUS or ABSCONDER? She is filling up application right now

[CaptainPenguin 5]

Thank you all!!! Which one should she put NO STATUS or ABSCONDER? She is filling up application right now

Maybe she should not file at all for a while instead try to figure the situation out.

As mentioned before, she could be denied naturalization based on the fact that she has for years harbored an illegal fugitive with known deportation orders.

[luxx 1]

I showed her this thread and she read all the answers, but she still insists in applying. Oh well, I am just a messenger