AOS for someone who entered illegally!please help

[NINA80 9]

This question is on behalf of my friend who came with her husband and her son from Europe to the US illegally through Canada en 1999. her sister i law who was US citizen filed a petition for her brother before 2001. last week the lawyer called them and told them that the visa number will be available next year. so they can adjust their status1

but my friend has some question:

1/ are they going to adjust their status in the same time and without leaving the country? if not, how soon can her husband can adjust her and their son's status? by the way her son is 15years now

thank you

[aleful 1,905]

This question is on behalf of my friend who came with her husband and her son from Europe to the US illegally through Canada en 1999. her sister i law who was US citizen filed a petition for her brother before 2001. last week the lawyer called them and told them that the visa number will be available next year. so they can adjust their status1

but my friend has some question:

1/ are they going to adjust their status in the same time and without leaving the country? if not, how soon can her husband can adjust her and their son's status? by the way her son is 15years now

thank you

they will be able to adjust under the 245i law by paying a fine. he will have to prove that he entered the country by Dec 21st, 2000. Your friend and her husband will both have to pay the $1000 fine, but her son won't because he is under 16.

they should be thankful that his sister filed for them before April 30th, 2001, because if they left the country, they would have a 10 year ban, there is no waiver for siblings, overstay wouldn't be forgiven.

From what country are they and what is the priority date? are you sure that it's next year that the priority date will become current? have they checked for themselves? they shouldn't just rely on what the attorney says, because they are already working for some countrie's priority dates January or February of 2002. They might alreay be passed their priority date.

That's why it's important to know the country and priority date.

[Boiler 45,941]

All European countries are Jan 2002.

So something is not right, so it looks like the petition was 2003 or thereabouts.

Always difficult to comment secondhand, best to get her to post or just ask the Lawyer.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from an illegal entry (via 245i) and the prior forum is for K1, K2, K3 & K4 **

[zooch76 9]

This question is on behalf of my friend who came with her husband and her son from Europe to the US illegally through Canada en 1999.

How do you know they entered illegally? Just because they came through Canada doesn't mean it was illegal. If they snuck into the country in the trunk of a car or across a border without being inspected, then it would be illegal but if they entered through Canada at a POE, that is perfectly legal and legitimate.

[NINA80 9]

How do you know they entered illegally? Just because they came through Canada doesn't mean it was illegal. If they snuck into the country in the trunk of a car or across a border without being inspected, then it would be illegal but if they entered through Canada at a POE, that is perfectly legal and legitimate.

they came in back of truck and without a visa also to came to Canada with fake passports

[Boiler 45,941]

That would do it.

[JimVaPhuong 4,863]

they will be able to adjust under the 245i law by paying a fine. he will have to prove that he entered the country by Dec 21st, 2000. Your friend and her husband will both have to pay the $1000 fine, but her son won't because he is under 16.

they should be thankful that his sister filed for them before April 30th, 2001, because if they left the country, they would have a 10 year ban, there is no waiver for siblings, overstay wouldn't be forgiven.

From what country are they and what is the priority date? are you sure that it's next year that the priority date will become current? have they checked for themselves? they shouldn't just rely on what the attorney says, because they are already working for some countrie's priority dates January or February of 2002. They might alreay be passed their priority date.

That's why it's important to know the country and priority date.

This sums it up perfectly!