What is the process when a USC marries someone who came to the USA illegally?

[Pinkrlion 2,719]

It sounds like they filed for I-130 and work auth, it was approved, I-485, not approved. All you can do is refer them to a lawyer, since his case is beyond our expertise.

[panamania79 2]

I am referring to the I-130 when I say petition.The USCIS issued him his work authorization like I stated previously.I also told him to see his lawyer about filind an I-601 but he told me his lawyer said he couldn't do it because he already has his work authorization.He was never issued a two year green card.

[panamania79 2]

I would like to thank everybody for the helpful input.With the information I have,it looks like he will have to start his immigration process from scratch and go back to his country.

[madtownguy 164]

I would like to thank everybody for the helpful input.With the information I have,it looks like he will have to start his immigration process from scratch and go back to his country.

Yes unfortunately this is very common and in most cases he has to go back to his country and wait, kind of a USA time out. I have heard with tons of money spent, I'm not talking thousands but tens of thousands you can eventually get this fixed with out him going back. That is of course if he has a perfect record. There are tens of thousands if not more illegals waiting in Tijuana in the time out the government has deemed necessary. I don't totally understand it but it is very common and can take anywhere from 9 months to never letting him back. You must be aware they might never let him back in.

[newacct 688]

1. As people said, this doesn't make sense. If he did not enter legally, then he would not get a green card in the first place without a waiver.

2. If he got a green card, and he is really removing conditions, then he should be able to remove conditions, because the only thing he needs to remove conditions is to prove that the original marriage was bona fide (regardless of whether he is married now).

[Darnell 8,478]

OK - I'll bite.

I-130, I-485, I-864, I-751 plus other stuff all filed together in an attempt to file an adjustment of status case.

The I-130 petition was approved, for some reason the EAD was issued (since the I-751 was filed) but the green card application (I-485) was denied.

Since the I-130 was approved, is possible to prefile an I-601A, remain in USA, follow on with NVC Doc intake leading to a spousal immigrant visa, granted at some US Embassy IV Unit.

After NVC Doc Intake and approval of the I-601A (the A is important here) , the interview date would be set,

then the miscreant/illegal alien would go back home and do a medical exam and attend the spousal immigrant visa interview at the IV Unit.

However - if the USCitizen Spouse is calling it quits, then none of that stuff matters,

and the EAD is just floating around because of how the casefile was filed (The proper collection of forms).

I'll betcha if you read that letter, there will be more paragraphs in there about seeking a border control point for intake.

[Boiler 45,499]

I agree.

[Noel194 53]

You cannot adjust status unless you entered under inspection(i.e entered on some type of visa). He will have a hard time now even returning to his home country as he now has a denial for entering wothout inspection.

[Boiler 45,499]

You cannot adjust status unless you entered under inspection(i.e entered on some type of visa). He will have a hard time now even returning to his home country as he now has a denial for entering wothout inspection.

Why would it be difficult going home?

[carton025 38]

OMG! What a nightmare. to all of the newbies reading this thread, this is only one thing you do not want to do!

[milimelo 4,477]

OK - I'll bite.

I-130, I-485, I-864, I-751 plus other stuff all filed together in an attempt to file an adjustment of status case.

The I-130 petition was approved, for some reason the EAD was issued (since the I-751 was filed) but the green card application (I-485) was denied.

Since the I-130 was approved, is possible to prefile an I-601A, remain in USA, follow on with NVC Doc intake leading to a spousal immigrant visa, granted at some US Embassy IV Unit.

After NVC Doc Intake and approval of the I-601A (the A is important here) , the interview date would be set,

then the miscreant/illegal alien would go back home and do a medical exam and attend the spousal immigrant visa interview at the IV Unit.

However - if the USCitizen Spouse is calling it quits, then none of that stuff matters,

and the EAD is just floating around because of how the casefile was filed (The proper collection of forms).

I'll betcha if you read that letter, there will be more paragraphs in there about seeking a border control point for intake.

I-751 is not for EAD, it's for Removing conditions. You're probably thinking I-765.

[Pops Kohr 0]

Based on my co-worker's case, a case very similar to the case you presented, the person in question has to hire a lawyer that knows immigration law very well. My co-worker won her case because her daughter was born in US, once the person in question has a USC child that he provides for, they can't deport him or deny his adjustment of status, however, he will need a lawyer to prove his case.

[panamania79 2]

From the beginning,the fact that he was issued a work authorization has been cofusing,so I finally broke down and asked him why they gave it to him..He told me that his lawyer was able to get it for him since he had been in the USA for 12 years already.

[panamania79 2]

And the plot thickens....he doesn't want to leave the USA because his wife has serious mental problems(2 suicide attempts and was institutionalized for a month).

[Caryh 5,206]

And the plot thickens....he doesn't want to leave the USA because his wife has serious mental problems(2 suicide attempts and was institutionalized for a month).

Yikes, thats not good at all. Did he come as a minor? Maybe he can get on board with DACA, if he came as a minor.