Undocumented Alien

[REDQUEEN 0]

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.

I read about this one and its kinda scarry for him to go back to his roots where he knows nobody and never been in Mexico. For now we are trying to figure out some way that he doesnt need to go back to a place where he is totally a stranger. He was only under five years old during that time.

[Krikit 1,164]

You may want to check out Immigrate2US as they specialize in difficult cases. Here is their forum on Deferred Action:

http://immigrate2us.net/forum/forumdisplay.php?154-Deferred-Action-for-Childhood-Arrivals-(DACA)

Moving from IR-1/CR-1 to General Immigration-Related Discussion for now.

Welcome to VJ.

[pieroot 43]

My friend married her boyfriend from Mexico and he was in the country without documentation for several years. They simply hired an attorney and adjusted his status after the marriage. He did not have to return to Mexico.

[Boiler 45,536]

My friend married her boyfriend from Mexico and he was in the country without documentation for several years. They simply hired an attorney and adjusted his status after the marriage. He did not have to return to Mexico.

Presumably he was 245i.

[Penguin_ie 5,993]

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?

No, because he did not enter legally.

My friend married her boyfriend from Mexico and he was in the country without documentation for several years. They simply hired an attorney and adjusted his status after the marriage. He did not have to return to Mexico.

How did he arrive? It all hinges on how the person arrived. if he EWI (snuck over the border), he would have had to go "home" for at least the adjudication of the waiver.

[VanessaTony 3,567]

My friend married her boyfriend from Mexico and he was in the country without documentation for several years. They simply hired an attorney and adjusted his status after the marriage. He did not have to return to Mexico.

There are lots of different circumstances. Unless you know the specifics and can say whether he entered with inspection or EWI'd you can't compare apples to oranges.

[Wendy javier 10]

Hope this helps him, he needs to inquire about it.Can always research for places

in the community depending where he lives that are helping people out without charging.

How is the deferred action program working?

As noted by the Department of Homeland Security (DHS), some illegal immigrants are eligible for the deferred action program, which benefits those who entered the United States illegally as children. Applicants must have crossed the border while under the age of 16; they may not be older than 30 years of age at the time the program took effect. Moreover, applicants must have lived continuously in the U.S., received their education here and not have been "convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses" or otherwise be a threat to public safety.

Edited October 27, 2012 by Wendy javier

[pieroot 43]

No, because he did not enter legally.

How did he arrive? It all hinges on how the person arrived. if he EWI (snuck over the border), he would have had to go "home" for at least the adjudication of the waiver.

I believe he snuck over the border. But yes, it's hard to compare because each case is different and unique. And of course I don't know the specifics beyond what my friend has told me.

[Boiler 45,536]

If he did not enter with inspection then at some point he will need to go home.

Whether it is a straightforward waiver situation or if there will be complications, well that depends. For example criminal history, gang affiliation, multiple entries, false claim to US Citizenship etc.

Edited October 27, 2012 by Boiler

[Sandra G. 5,048]

If he entered without inspection he won't be able to adjust status in the USA even getting married to a uS Citizen, he must leave USA to attend interview in his home Country and file for waiver to overcome his unlawful presence ok.

Redqueen regarding your question he still doesn't qualify to adjust status based in his marriage if he has deferred action approved. Deferred action granted means that the individual won't be placed in removal proceedings, that's all!

[Sandra G. 5,048]

-

Edited October 27, 2012 by sandranj

[REDQUEEN 0]

Deferred Action is not a Green Card.

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

I did asked him about this he said he applied for this and until now no result received (not approved). Wondering if anybody get approved in this Obama program. I told him to call and follow up. I dunno if this can help him to get green card but sad to say he doesn't really want to deal with attorney coz they can't afford the fees etc.

Anyways, if nobody had experienced this kind of immigration process that's ok. Maybe if he really needs the green card in the end he will decide to get a lawyer.

Thanks everyone I really appreciate all the inputs.

God bless!

If he entered without inspection he won't be able to adjust status in the USA even getting married to a uS Citizen, he must leave USA to attend interview in his home Country and file for waiver to overcome his unlawful presence ok.

Redqueen regarding your question he still doesn't qualify to adjust status based in his marriage if he has deferred action approved. Deferred action granted means that the individual won't be placed in removal proceedings, that's all!

Thanks for the info.

[Boiler 45,536]

Lots of people have had their approval. But there were many who applied.

[VanessaTony 3,567]

The only advice I can offer is this... Mexico has an agreement with the US in which they make the processing of waiver for situations such as this much simpler and quicker than for other countries.

In fact, a my husbands aunt's daughter married an EWI'd mexican. He stayed in the US while the majority of the process in mexico was being processed. he returned for the medical and interview and was back in the US within a very small timeframe.. Around a month or two.

Read here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0637fe13147b7310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

This link says that I-601 processing for mexico is often less than one week for Mexicans: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=805c2b62a5e26210VgnVCM100000082ca60aRCRD&vgnextchannel=2dd6dbbb86c3e110VgnVCM1000004718190aRCRD

It's a scary position he (once he turned 18) and his parents put him in. It shouldn't matter how expensive an attorney is. He cannot live his life in this manner, and having children in this situation would be unfair to them, and to his (then) wife who would be left to look after the children if something happened to him. I understand it's scary but he should want to make this right asap. Where is his family? His parents? Aunts? Uncles? Surely they know someone who can help him out for a time.

[Shiobhan 235]

He should go get all his school and shots records since he came (ask his parents) his birth certificate, go and apply for a PP at the Mexican consulate here, then get a good atty or try Catholic Charities legal dept, so he will have expert advice, in the meantime gather evidence that his relationship is real, DO NOT drive or take Greyhound buses, do not hang out except at home, walk away from conflicts and dont stress too much if he's doing the right things day to day ....best wishes to the couple