I need some help

[EmVee 4]

No, it's not new, and it doesn't matter how long they've been here. You must enter the US legally in order to be eligible to adjust status. Either there is more to the story then your friend is telling you, or she didn't really adjust status.

I never really asked her specifically what papers she filed. I just know she came here illegally, met her husband and got married, and now she's a legal resident. It did take a while for the paperwork to get sorted though, I know that, because their first child was almost a year old by the time she was approved at the interview.

I was just curious. I must ask her exactly what documents they submitted after they got married.

Edit; When she was a kid, her uncle (who is a naturalized USC I think) and aunt started some paperwork to have her come live with them, but they never actually completed that petition and my friend didn't know about it until after she got married. So maybe that affected her later?

Now I'm really curious.

But thanks for the clarification.

Edited May 25, 2010 by EmVee

[JimVaPhuong 4,863]

I never really asked her specifically what papers she filed. I just know she came here illegally, met her husband and got married, and now she's a legal resident. It did take a while for the paperwork to get sorted though, I know that, because their first child was almost a year old by the time she was approved at the interview.

I was just curious. I must ask her exactly what documents they submitted after they got married.

Edit; When she was a kid, her uncle (who is a naturalized USC I think) and aunt started some paperwork to have her come live with them, but they never actually completed that petition and my friend didn't know about it until after she got married. So maybe that affected her later?

Now I'm really curious.

But thanks for the clarification.

Well, her aunt and uncle might have petitioned for her father and/or mother, which would make her a derivative of their petition. They couldn't petition her directly, though. US citizens can't directly petition for nieces and nephews, but they can petition for brothers and sisters.

There are still problems with that route, though. First, she's no longer eligible as a derivative because of her age and marital status - only minor unmarried children are eligible as derivatives. Second, if she WAS eligible then she'd only be able to get a green card if her parents immigrated based on that petition - derivatives can't immigrate without the primary beneficiaries. Third, she'd still need to enter the US legally to be eligible to adjust status based on that petition.

Are you sure she didn't go back to Mexico for an interview at the US consulate? Strictly speaking, if an EWI alien leaves the US the same way they came in then there would be no automatic ban, presuming they were willing to lie to the consulate about ever having entered illegally.

Unless I'm forgetting something, VAWA and asylum are the only exceptions for an EWI being permitted to adjust status.

[EmVee 4]

Are you sure she didn't go back to Mexico for an interview at the US consulate? Strictly speaking, if an EWI alien leaves the US the same way they came in then there would be no automatic ban, presuming they were willing to lie to the consulate about ever having entered illegally.

Unless I'm forgetting something, VAWA and asylum are the only exceptions for an EWI being permitted to adjust status.

Nope, she definitely didn't go back because it was a Big Deal when she got her permanent residency and she was finally able to go home and see her parents. They just did the regular interview here in LA, at the same place I did mine. (I did mine a few weeks ago, so she was telling me about hers prior to that)

There must be more to it than I've heard, obviously. The topic just caught my attention and I was interested in the responses because I hadn't been aware before that some people were ineligible.

I'm definitely going to ask my friend how she managed it, though!

[EmVee 4]

Okay, I know I'm seven million light years late with this clarification, but I figured I'd let you know anyway. In case you're still interested.

I asked my friend and she says the reason she was eligible to adjust status based on marriage is because she paid a $2000 fine for illegal immigration (and working here illegally) and because of that the ban was waived and she was eligible to adjust status the same as a person who had entered legally.

Her niece, who was brought here illegally when she was 3 weeks old, has been here all her life. But her sister was born here, so next year (when her sister turns 18) she will also be able to pay a fine and adjust status based on her sister's citizenship.

Such a complicated system!