Undocumented Alien

[REDQUEEN 0]

My friend was born in Mexico(undocumented) came to the USA when he's 5 years old, he basically grew up here and doesn't speak Spanish. Now, he is 24 planning to marry his long time girl friend. Since he has no document to show his legal presence in the USA he doesn't know how to deal with green card processing. He knows nobody from his birth land not even any relatives. They can't afford to hire a lawyer so i am just taking chance that I can get some information to help him with the process.

What is the procedure in this kind of case?

Thanks in advance.

Edited October 27, 2012 by REDQUEEN

[yachachiq12 43]

Did he come into the US through an actual port of entry or did he cross the border without inspection? If he came through a port of entry, what type of visa did he have?

[apple21 953]

My friend was born in Mexico(undocumented) came to the USA when he's 5 years old

Based on this I assume he arrived illegally in the US. He is an illegal, undocumented alien since he was 5 years old.

Am I right?

[Boiler 45,536]

There are many many questions that would need to be answered before I could comment.

Better if he joins and asks.

Secondhand information can be dangerous.

[REDQUEEN 0]

Did he come into the US through an actual port of entry or did he cross the border without inspection? If he came through a port of entry, what type of visa did he have?

He's undocumented. No passport no nothing. That's the problem that's why he doesn't know if he can get green card through marriage.

[REDQUEEN 0]

Did he come into the US through an actual port of entry or did he cross the border without inspection? If he came through a port of entry, what type of visa did he have?

He was 5 yrs old when his parents got here, they came illegally with him.

[apple21 953]

He would need an immigration lawyer and a TRUCK LOAD of evidence that he has a genuine relationship with his GF and that he's not taking advantage of her just so he can get a Green Card.

Edited October 27, 2012 by apple21

[REDQUEEN 0]

There are many many questions that would need to be answered before I could comment.

Better if he joins and asks.

Secondhand information can be dangerous.

Honestly, he doesn't know I'm trying to do research for him. He thought I could help him because I was able to process my own paper works up to naturalization, also for my daughter, and 2 of my friends. But these people i helped came here legally via fiancee and tourist visa. This is the first time I encounter this kind of case and he was desperate. He was actually my husband's friend first and was introduced to me. My husband keeps telling me to help him. So I'm trying maybe I can get some info from the people who has been through this process. I would need to picture the whole filing process for this special case. Thank you very much.

[REDQUEEN 0]

He would need an immigration lawyer and a TRUCK LOAD of evidence that he has a genuine relationship with his GF and that he's not taking advantage of her just so he can get a Green Card.

That's what Im telling him to get a Lawyer, i believe this is difficult case but he said too expensive and they can't afford it. They were sweethearts for 2 years and now planning the wedding, the reason why now they are asking about the filing for green card.

I'm just taking chance that maybe there are people here who has the same case and I can get some pointers. Regards!

Based on this I assume he arrived illegally in the US. He is an illegal, undocumented alien since he was 5 years old.

Am I right?

Correct!

[Ontarkie 14,228]

He needs to ask his parents how they came to the US, they would know. I don't know if passports were required back then so they very well could of came as visitors and went through the boarder. Now if they snuck across the border that is another mess.

Edited October 27, 2012 by Ontarkie

[jkelly07 120]

i.m not sure but president oboma said three months ago,children that was brough here to the u.s at a very young no fault of there own there parents where illegally in the us, you can apply for temp green card, you should check on this, some one correct me,

[Reyan 56]

Deferred Action is not a Green Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

[Hypnos 6,576]

If he EWI then he cannot file for adjustment of status to obtain a green card since he has no status to adjust from.

Once married, his wife could file an I-130 on his behalf, however he would need to return to Mexico to complete its processing and interview there, which would trigger an automatic ten year bar from the United States. His immigrant visa will be denied, due to his long period of unauthorised presence, and he would be unable to re-enter the US.

After refusal he could attempt to overcome his inadmissibility by filing an I-601 waiver, however (1) this has to be done from outside the United States, and (2) he would need to show that it would cause hardship to his USC relative (i.e. his wife) for him not to be admitted to the US. This can sometimes be a high bar to reach.

He should absolutely not do this before speaking to an AILA-certified immigration attorney first to explore any possible relief he may have, since once he has left it is possible he may not be able to return.

As posts above indicate, he may be eligible for deferred action which might be something worth considering as an alternative.

Edited October 27, 2012 by Hypnos

[REDQUEEN 0]

He needs to ask his parents how they came to the US, they would know. I don't know if passports were required back then so they very well could of came as visitors and went through the boarder. Now if they snuck across the border that is another mess.

You got that right.

[REDQUEEN 0]

Deferred Action is not a Green Card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD

Yes, that will not give him lawful status, but if he get approved in Deferred Action this means he can legally work now. As legal worker in the USA he can marry a citizens that would provide him the resident status when they file for petition after marriage? Like some other cases where people came on a tourist visa or workers visa and overstayed, after few years they married a citizen and they were granted permanent residency. This will also apply to him, correct?