Need some help(don't move yet, I have friends in this Forum)

[Krikit 1,165]

Usually any illegal presence is forgiven once someone marries a USC. In my opinion, they should be ok to file for her AOS. Make sure they have a trail to show their relationship is legit. Her carrying his baby, would help with that.

There is no route to adjustment of status if the beneficiary entered the country illegally.

Moving from P&R to General Immigration-Related Discussion.

[We Keep Receipts 9,238]

There is no route to adjustment of status if the beneficiary entered the country illegally.

Moving from P&R to General Immigration-Related Discussion.

Glad you waited until some responses came in. I thought this in the beginning. Here is what he just emailed me:

Just talked to a lawyer, he said file the 130, it takes 4-6 months once its

approved in Mar the 601A becomes available to a new change she wouldn't have

to leave to finish the filing so im getting some good news so far.

[Krikit 1,165]

Glad you waited until some responses came in. I thought this in the beginning. Here is what he just emailed me:

Just talked to a lawyer, he said file the 130, it takes 4-6 months once its

approved in Mar the 601A becomes available to a new change she wouldn't have

to leave to finish the filing so im getting some good news so far.

I was responding to the statement that she could adjust status from within the US. If she entered the US illegally (EWI) the AOS process is no longer an avenue. The approved I-130 will be forwarded to the Consulate/Embassy in her home country where she will need to go for further processing. Once she leaves the US the 3 or 10 year bar will be triggered. Your friend needs to familiarize himself with the I-601 waiver.

[Cathi 5,784]

I know this is an immigration issue, but since I spend so much time here now, I figured I'd get a quicker response. Ok, here's the situation:

One of the sailors here just came to me and asked for my advice. He just married his wife like two weeks ago, and she is two months pregnant with is his kid. He is a USC, and she is a Mexican citizen living here illegally for the last 6 years. He is balancing a decision to either file for her or just get her a military ID card and keep it moving. Also, she is using a SSN that isn't hers. I am not too immigration savy on some things, so I am asking the experts. Any thoughts or course of action?

Using someone else's SS number would be an issue if while using the SS number she claimed at any point to being a US citizen. Claiming to be a US citizen when in reality you are not, carries a lifetime ban from the US.

[VanessaTony 3,567]

Using someone else's SS number would be an issue if while using the SS number she claimed at any point to being a US citizen. Claiming to be a US citizen when in reality you are not, carries a lifetime ban from the US.

Exactly. There was an article which stated that using a USC's SSN was considered to be "claiming to be a USC" and they got a ban based on that. I tried finding it but but no luck so far because a lot of it's been taken over by conversations of people using fake SSN's and trying to file DACA.

Anyway you're right, if when using the SSN at ANY time she wrote she was a USC on ANYTHING she'll get a ban. Did she ever sign an I-90 and put USC? Did she ever tell a bank she was a USC? Did she get a drivers license and claim to be a USC?

[We Keep Receipts 9,238]

Exactly. There was an article which stated that using a USC's SSN was considered to be "claiming to be a USC" and they got a ban based on that. I tried finding it but but no luck so far because a lot of it's been taken over by conversations of people using fake SSN's and trying to file DACA.

Anyway you're right, if when using the SSN at ANY time she wrote she was a USC on ANYTHING she'll get a ban. Did she ever sign an I-90 and put USC? Did she ever tell a bank she was a USC? Did she get a drivers license and claim to be a USC?

This is why I told him to join here, he needs divulge the answers you asked.

[Jeikun 65]

She should not leave the USA! For illegal alien spouses of US service members a thing called "Parole in Place" allows them to adjust even if they entered illegally.

some info

The tricky part though is they can not have broken the law and the SSN thing could sting them.

[Cathi 5,784]

Exactly. There was an article which stated that using a USC's SSN was considered to be "claiming to be a USC" and they got a ban based on that. I tried finding it but but no luck so far because a lot of it's been taken over by conversations of people using fake SSN's and trying to file DACA.

Anyway you're right, if when using the SSN at ANY time she wrote she was a USC on ANYTHING she'll get a ban. Did she ever sign an I-90 and put USC? Did she ever tell a bank she was a USC? Did she get a drivers license and claim to be a USC?

the list goes on and on....

[del-2-5-2014 1,339]

[quote name=' timestamp='1359574740' post='5950615]

No, he needs a lawyer. And whatever happens, she shouldn't agree to leave and wait in Mexico.

Crucial.

[spn1025 38]

there's only a few points to make here.

1. tell them talk to a lawyer.

2. tell them to stop doing things illegally.

He's in the military. He's putting his security clearance at risk.

Using someone else's SSN is, I'd imagine, a felony, depending on what it was used for.

Military spouses get expedited though the visa process. She should go home, do things legally, and she'll be here legally in a few months.

Obama passed Deferred Action last year, allowing illegals to file paperwork to allow them to legally stay here and work. Apparently this illegal didn't take advantage of it.

[spn1025 38]

She should not leave the USA! For illegal alien spouses of US service members a thing called "Parole in Place" allows them to adjust even if they entered illegally.

some info

The tricky part though is they can not have broken the law and the SSN thing could sting them.

According to that article, it looks like basically an "executive privilege" was granted for that one particular case. I don't know of any actually legislation that passed for this. I would not encourage illegals to continue staying here under any circumstance.

[MIBEN 83]

He should not add her to DEERS with the fake SSN there is no need for this, he can request a foreign identification number that is issued by the ID card section and can be used to file taxes and draw benefits like basic allowance for quarters (BAH) on the other hand if he adds this fraudulent information about his dependent on his official record he is opening up a can of worms that can all be punished under UCMJ, BAH Fraud, if he gets assigned overseas she still has to have all her immigration records straight. He needs to do things legally, his commanding officer can help make this happen but doing thing on his own and illegally will only result with the CO exercising his command authority and in accordance with regulation it will not be in the sailors interest.

If he is your sailor take care of him and afford the commander an opportunity to assist his family.

Good luck

[Cathi 5,784]

I don't think the fake SSN would be an issue either. I would definitely recomend he talk to an immigration attorney if not hire one.

the fake SSN is a HUGE issue

[MedRoni 161]

Usually any illegal presence is forgiven once someone marries a USC. In my opinion, they should be ok to file for her AOS. Make sure they have a trail to show their relationship is legit. Her carrying his baby, would help with that.

Usually is the key word, not always. My brother married a lady from Mexico who was here illegally and had been for about 10 years at the time. She also was using a social security card that was not hers. They went to three different immigration lawyers that specialize in difficult cases and they told him she would not be forgiven, that her using the SS card will get her in trouble and their advise overall was to just keep her illegal until the immigration overhaul here in the US where it will most likely be easier to be forgiven!!

Yikes... really?!?

Anyway - I guess I just agree with the getting a lawyer for sure.

[Jeikun 65]

there's only a few points to make here.

1. tell them talk to a lawyer.

2. tell them to stop doing things illegally.

He's in the military. He's putting his security clearance at risk.

Using someone else's SSN is, I'd imagine, a felony, depending on what it was used for.

Military spouses get expedited though the visa process. She should go home, do things legally, and she'll be here legally in a few months.

Obama passed Deferred Action last year, allowing illegals to file paperwork to allow them to legally stay here and work. Apparently this illegal didn't take advantage of it.

Unless he is in a job with a TS or higher, the blanket secret clearance isn't likely going to be jeopardized by being married to an illegal. You are wrong about deferred action. It is ONLY for illegals who were brought over as children she couldn't have used it. Parole in Place is highly discretionary but has been granted in more than one case for sure. In her status, she should definitely not leave the country. Your 2 points are correct though. They should stop doing anything illegal (SSN), try to adjust, and find a lawyer. If nothing else this comprehensive immigration reform soon to pass will likely give her a means to attain legal status and adjust.