EWI as a child, Mexican and USC

[nanobel 0]

Hi,

I have a friend who entered as a child with her parents, EWI. I believe she's been here since the 90's...can't remember exactly when. She doesn't have any type of criminal history or arrests. She recently had a baby with her fiance and they plan to marry soon, but do not know if she has a chance to adjust status and they're not sure how to go about things. She will probably check in here because I told her how amazing and resourceful this forum is, but I wanted to give her a head start and get some info for her.

Can he file for her before they marry if she's already in the US?

How long do they have to be married before he files?

When he files the I-130 does that have to be filed with the I-485? Or can she get EAD before she tries to adjust?

Does it help her that she entered as a child? Are they able to give her EWI status even though she was underage when the "crime" happened? Would if matter if she had nowhere to go in Mexico? Is there a possibility that she can adjust and not have to go to Mexico for the interview? She has a newborn she would have to take with her, too. Would it be better if she left the baby (Not that I think this is even an option). They have no money for an attorney, so I'm hoping they can get some help here.

Thanks!

[aleful 1,905]

Hi,

I have a friend who entered as a child with her parents, EWI. I believe she's been here since the 90's...can't remember exactly when. She doesn't have any type of criminal history or arrests. She recently had a baby with her fiance and they plan to marry soon, but do not know if she has a chance to adjust status and they're not sure how to go about things. She will probably check in here because I told her how amazing and resourceful this forum is, but I wanted to give her a head start and get some info for her.

Can he file for her before they marry if she's already in the US?

How long do they have to be married before he files?

When he files the I-130 does that have to be filed with the I-485? Or can she get EAD before she tries to adjust?

Does it help her that she entered as a child? Are they able to give her EWI status even though she was underage when the "crime" happened? Would if matter if she had nowhere to go in Mexico? Is there a possibility that she can adjust and not have to go to Mexico for the interview? She has a newborn she would have to take with her, too. Would it be better if she left the baby (Not that I think this is even an option). They have no money for an attorney, so I'm hoping they can get some help here.

Thanks!

they should marry here and decide if they are going to go through the process. in the guides they can find out the whole process.

but she will have to leave, she cannot adjust status in country, so no I485 and no EAD. she can wait until she has to leave for the interview in Juarez, Mexico.

once she leaves,she will have triggered a 10 year ban once she leaves if she is over 18 and has lived here for more than 1 year after 18.. she will need to file a waiver and her husband do the hardship letter.

[VanessaTony 3,567]

As soon as she turned 18 she became responsible for her illegal status and started accruing out of status days. When she turned 18 and 6 months she had officially overstayed 6 months (180 days really) and that means when she leaves she'll get a 3 year ban UNLESS she stays longer and is in the US on her 19th birthday, then her ban will be 10 years.

Because she EWI'd she is unable to adjust her status in the US and she will need to return to Mexico in order to eventually get a GC. The process will take maybe a year or so from start to finish.

[JimVaPhuong 4,863]

Can he file for her before they marry if she's already in the US? He could file a K1 visa petition, but she'd have to return to Mexico for the interview. That's the only thing he would be able to file before they married.

How long do they have to be married before he files? If he's filing a spousal visa petition then he can file the day he gets his hands on the marriage certificate. Again, she'll have to return to Mexico for the visa interview.

When he files the I-130 does that have to be filed with the I-485? An I-485 is not possible for her because of the EWI. Only persons who are lawfully admitted or paroled into the US are eligible to adjust status.

Or can she get EAD before she tries to adjust? Not possible.

Does it help her that she entered as a child? Sure, it helps. The EWI makes her ineligible to adjust status, but she doesn't begin to accrue unlawful presence until she's 18 years old. You've already been told about the 3 year and 10 year ban.

Are they able to give her EWI status even though she was underage when the "crime" happened? As I said above, the only special consideration she's given is that she doesn't accrue unlawful presence until she's 18. However, she's still an EWI. She wasn't admitted or paroled into the US. Her age at the time doesn't change that fact.

Would if matter if she had nowhere to go in Mexico? Unfortunately, no.

Is there a possibility that she can adjust and not have to go to Mexico for the interview? Yeah, does she qualify for asylum? Did anyone file an approvable I-130 petition for her before April, 2001? Has she ever married a US citizen or LPR and been subjected to extreme cruelty or abuse by them in the United States? These are a few ways she'd be eligible. There's also cancellation of removal, but she actually has to be in deportation proceedings before she can apply for that. Most people don't mention the above options because few people are eligible for them, and in many cases you end up fighting for years in front of immigration judges and appeals boards (at much legal expense), and still end up getting denied. Returning to her home country and trying for an I-601 waiver takes less time, costs less money, and has a better chance of success (in most cases).

Would it be better if she left the baby? Actually, yes! If the baby was born in the US then the baby is a US citizen. It will be easier to get an I-601 hardship waiver if her infant child is in the US and they are separated.