Please help

[Jema 0]

Here's the situation:

An undocumented alien in this country marries a US Citizen after being here for 2 years. They have a baby due in May.

Is there any recourse for the USC (wife) to petition for residency for her husband? Without him having go go home and wait out the 10 years?

Thanks for any info or reference to previous threads...

Jema

[Jenn! 918]

They should seek advice from an immigration attorney.

[desert_fox 32]

There are waivers available also so that it wouldnt take 10 years of waiting.

[meddykomp 0]

I do know of people who have successfully gotten a visa in similar situations as yours. They used a good immigration attorney.

[ChristinaM 0]

I would recommend sending a PM to MissLiss. She is very familiar with this situation.

[lucyrich 20]

If the initial entry was legal but the alien fell out of status, it's a fairly straightforward matter of adjustment of status. The alien needs to avoid leaving the US and needs to stay out of trouble until adjustment of status is complete.

If the initial entry was without inspection, there is no way to adjust status while remaining inside the US, barring something like political asylum (for which few will qualify). The only way to get legal status is to leave the US and get a visa. But after accumulating 2 years' illegal presence, there will be a 10 year bar upon leaving the US. The procedure is to go abroad for the interview, have the visa denied due to the 10 year bar, and file for a waiver based on extreme hardship to the US citizen. This is territory where it's helpful to have an attorney with experience in getting approvals on hardship waivers on your side. Not all immigration attorneys have experience in this area. Approval of a hardship waiver is far from automatic -- many are denied.

At the least, a consultation with an attorney is useful. It's also useful to have an attorney explain the further consequences if he's tempted to sneak back into the US before the hardship waiver is approved.

[meauxna 15]

Here's the situation:

An undocumented alien in this country marries a US Citizen after being here for 2 years. They have a baby due in May.

Is there any recourse for the USC (wife) to petition for residency for her husband? Without him having go go home and wait out the 10 years?

Thanks for any info or reference to previous threads...

Jema

Their options depend on whether he entered legally and overstayed or if he Entered Without Inspection/EWI (snuck in).

This forum is an excellent resource either way: http://www.immigrate2us.net/forum/viewforum.php?f=26

[Jema 0]

Here's the situation:

An undocumented alien in this country marries a US Citizen after being here for 2 years. They have a baby due in May.

Is there any recourse for the USC (wife) to petition for residency for her husband? Without him having go go home and wait out the 10 years?

Thanks for any info or reference to previous threads...

Jema

Their options depend on whether he entered legally and overstayed or if he Entered Without Inspection/EWI (snuck in).

This forum is an excellent resource either way: http://www.immigrate2us.net/forum/viewforum.php?f=26

The situation is that he actually came in to the US on a Tourist visa and underwent inspection- but it was with his brother's passport and his brother's picture (they look very much alike).

Does that make it better or worse than being entirly undocumented i.e. snuck in...?

Jema

[scy 0]

Here's the situation:

An undocumented alien in this country marries a US Citizen after being here for 2 years. They have a baby due in May.

Is there any recourse for the USC (wife) to petition for residency for her husband? Without him having go go home and wait out the 10 years?

Thanks for any info or reference to previous threads...

Jema

Their options depend on whether he entered legally and overstayed or if he Entered Without Inspection/EWI (snuck in).

This forum is an excellent resource either way: http://www.immigrate2us.net/forum/viewforum.php?f=26

The situation is that he actually came in to the US on a Tourist visa and underwent inspection- but it was with his brother's passport and his brother's picture (they look very much alike).

Does that make it better or worse than being entirly undocumented i.e. snuck in...?

Jema

Wow!

Makes it much much much worse. Lying to a CBP officer, using false documents... They don't just kick you out of the country and ban you, they can jail you for those offenses.

Is he trying to adjust status with his brother's documents?

[pax 0]

I sincerely doubt the individual in question will be able to adjust status. If he does attempt it at all, it should be with a very well-qualified immigration attorney (whose assistance will not come cheaply) and without leaving the States.

I don't think anyone at VJ can, or even should, attempt to advise any further than that. We're dealing with something that is probably worse than EWI.

[Dixie_Peach 1]

Here's the situation:

An undocumented alien in this country marries a US Citizen after being here for 2 years. They have a baby due in May.

Is there any recourse for the USC (wife) to petition for residency for her husband? Without him having go go home and wait out the 10 years?

Thanks for any info or reference to previous threads...

Jema

Their options depend on whether he entered legally and overstayed or if he Entered Without Inspection/EWI (snuck in).

This forum is an excellent resource either way: http://www.immigrate2us.net/forum/viewforum.php?f=26

The situation is that he actually came in to the US on a Tourist visa and underwent inspection- but it was with his brother's passport and his brother's picture (they look very much alike).

Does that make it better or worse than being entirly undocumented i.e. snuck in...?

Jema

Whoa!!! I have no answer to that! Seems like if he gets caught (ie: fraudulently impersonating someone else) there is maximum jail time there... not sure how much though. You better get an attorney! All the best to ya!

[meauxna 15]

The situation is that he actually came in to the US on a Tourist visa and underwent inspection- but it was with his brother's passport and his brother's picture (they look very much alike).

Does that make it better or worse than being entirly undocumented i.e. snuck in...?

Jema

I'm with scy---I think it makes things significantly worse and I would recommend that they get some type of legal assistance. Again, the link I gave is for a group with good resources---this is not some easy to fix deal, and probably not a do it yourself case.

[Jema 0]

THANK YOU EVERYBODY FOR YOUR REPLIES!!!!

And just to be clear, this is not me. I met my husband in the Domincan Republic in Feb '04, we had our K-1 interview in Santo Domingo in Feb '05, and he became a US Resident in Feb '06!

This is the situation of a friend of my husband. I didn't really think there was any hope. This friend was advised that there was no way by an immigration attorney int he state where he resides, but lat week he had a consultation with a NY immigration atty (a woman with a radio show?) who told him that he could be legal, and she would take his case for $1,000 or so. I was stunned- it that flies in the face of what you have all said and what I thought as well!!!

Anyway, thanks again... Jema

[meauxna 15]

THANK YOU EVERYBODY FOR YOUR REPLIES!!!!

And just to be clear, this is not me. I met my husband in the Domincan Republic in Feb '04, we had our K-1 interview in Santo Domingo in Feb '05, and he became a US Resident in Feb '06!

This is the situation of a friend of my husband. I didn't really think there was any hope. This friend was advised that there was no way by an immigration attorney int he state where he resides, but lat week he had a consultation with a NY immigration atty (a woman with a radio show?) who told him that he could be legal, and she would take his case for $1,000 or so. I was stunned- it that flies in the face of what you have all said and what I thought as well!!!

Anyway, thanks again... Jema

Jema,

since this is an area where a desperate person could be (and have been) taken advantage of unfairly, I'd want to know from this lawyer: what is your plan of attack? and then research myself to see if others have done this and what the outcome has been.

Don't count on handing over $1000 and having it handled. There are stories every day of someone trying to clean up a mess like that.

I think what people here said is right: We don't know what we don't know and this is not the best place for this type of information. You're a good friend to help out!

[dawnnhatem 0]

Well, that's different. You know, even IF he can overcome the ID theft / fraud matter...do you know for sure what would make him do that? where is his brother at? what was wrong with your husband's passport? I'm not telling you to air it here because I dont want to know...I'm just saying that whatever it is that was so wrong with his situation that he decided to assume a new identity, is still going to be an issue and might be an even bigger problem. I feel bad for you, thats probably a very scary situation for you.

just read your follow up...just good luck to your friend.

Edited February 28, 2006 by dawnnhatem