New member needs guidance on Brazilian immigrants

[peterchou 0]

An acquaintance of mine isn't so hot with English and the American legal system so I agreed to help out, but I'm a bit new to these challenges. Any help would be greatly appreciated. I was born and raised in the USA, so I have no idea what it's like to not have a SSN or how to get one as an immigrant.

1. My friend Edward and his wife Nina came from Brazil to the USA six years ago. As far as I know, they came legally and are staying here legally. I'm going over to their house tomorrow to check what visas/birth certificates/paperwork they can show me.

2. A lady, who may be operating falsely as an unlicensed lawyer, charged them like $7,000 to help out with their immigration troubles. How could it be that much? They're not terrorists or seeking asylum or anything, just normal people. Do you guys think this is a scam? Supposedly, she requested money for mailing in tax returns and personal recommendations proving that Edward has a job (on an annual basis). I'm wondering if she's making up fake duties for herself. Is she even allowed to represent immigrants in government paperwork if she's not an attorney?! She threatened my friends that if they dont pay, she'll have them deported (or something to that effect)

3. I heard the term "anchor baby" recently, dont know if it's politically correct. But in any case, Edward and Nina had a daughter on US soil 2 years ago. Remember, they've been here for six years legally. Am I correct to say that the daugher is automatically a US citizen and cannot be deported to Brazil?

4. If I'm right about the new daughter being a citizen, does that mean that the blood parents cannot be booted out of the US no matter what?

5. What's the next step if the daughter can keep the parents in the country? What paperwork would need to be filed? I'm not an immigration attorney, and I'm not charging these folks any money. I speak better English and would like to assist them with filing the necessary paperwork.

6. How much is the paperwork gonna cost and is there any way around it? I certainly wouldn't want anyone to be in the USA illegally but I doubt they'd have 2,000 in cash to pay government fees.

7. I *think* Edward has a SSN but Nina couldnt get one because she's her on some sort of spousal visa. What should I do about that? Get her an ITIN and hope that lets her get jobs? How do people without a real SSN get jobs in this country!?

Also, I don't know if I put this thread in the right forum, since I didn't understand some of the immigration terms. I'll report back when I figure out what kind of VISAs they have tomorrow.

[Harsh_77 718]

First and foremost thing you need to find out is what their current status is

How they entered the country.

US born daughter cannot keep them in country until she turns 21 and files for her parents.

That is myth parents cannot be deported.

Cannot tell what that lady is until you provide more info.

[Mark88 184]

2. A lady, who may be operating falsely as an unlicensed lawyer, charged them like $7,000 to help out with their immigration troubles. How could it be that much? They're not terrorists or seeking asylum or anything, just normal people. Do you guys think this is a scam? Supposedly, she requested money for mailing in tax returns and personal recommendations proving that Edward has a job (on an annual basis). I'm wondering if she's making up fake duties for herself. Is she even allowed to represent immigrants in government paperwork if she's not an attorney?! She threatened my friends that if they dont pay, she'll have them deported (or something to that effect)

Lawyers can charge basicly anything and for what they want. Your friends should have done some research beforehand, like checking with the local bar association of their state if she is licensed to practice law. She directly can't have them deported. She'll have to go through the legal system to achieve anything, especially if they are in legal status.

3. I heard the term "anchor baby" recently, dont know if it's politically correct. But in any case, Edward and Nina had a daughter on US soil 2 years ago. Remember, they've been here for six years legally. Am I correct to say that the daugher is automatically a US citizen and cannot be deported to Brazil?

The child can't be deported since she is a USC, but they parents can be deported without the child.

4. If I'm right about the new daughter being a citizen, does that mean that the blood parents cannot be booted out of the US no matter what?

False. That is exactly the case. The parents CAN be deported. Having a USC child doesn't matter for USCIS.

5. What's the next step if the daughter can keep the parents in the country? What paperwork would need to be filed? I'm not an immigration attorney, and I'm not charging these folks any money. I speak better English and would like to assist them with filing the necessary paperwork.

The child can't file any paperwork on her parents behalf until she's 21.

6. How much is the paperwork gonna cost and is there any way around it? I certainly wouldn't want anyone to be in the USA illegally but I doubt they'd have 2,000 in cash to pay government fees.

I don't understand the problem, why they even need to file any paperwork? You said they are here legally. If that is the case what are they filing for? What immigration troubles do they have? You would have to explain their situation more to ammend the kind of paperwork and fees that are necessary.

7. I *think* Edward has a SSN but Nina couldnt get one because she's her on some sort of spousal visa. What should I do about that? Get her an ITIN and hope that lets her get jobs?

There are certain types of visas where the spouse simply is NOT allowed to work. And there is nothing she can legally do, unless she gets a different visa category that allows her to get a job.

How do people without a real SSN get jobs in this country!?

They are undocumented, the employer pays cash and they have no benefits whatsoever.

Also, I don't know if I put this thread in the right forum, since I didn't understand some of the immigration terms. I'll report back when I figure out what kind of VISAs they have tomorrow.

Provide more information on what kind of visa they are here on and to what they were filing the paperwork for. This way you might get more help.

[aaron2020 11,651]

1. My friend Edward and his wife Nina came from Brazil to the USA six years ago. As far as I know, they came legally and are staying here legally. I'm going over to their house tomorrow to check what visas/birth certificates/paperwork they can show me.

Your post makes absolutely no sense. If they enter legally and are living here legally, then why do they have an immigration problem?

They may have entered legally on visitor visas, but it doesn't mean that they are living here legally. There is a big difference between entering legally and the ability to live here legally.

You need to find out what visas they entered on.

2. A lady, who may be operating falsely as an unlicensed lawyer, charged them like $7,000 to help out with their immigration troubles. How could it be that much? They're not terrorists or seeking asylum or anything, just normal people. Do you guys think this is a scam? Supposedly, she requested money for mailing in tax returns and personal recommendations proving that Edward has a job (on an annual basis). I'm wondering if she's making up fake duties for herself. Is she even allowed to represent immigrants in government paperwork if she's not an attorney?! She threatened my friends that if they dont pay, she'll have them deported (or something to that effect)

First, it's illegal to practice law without a license. Second, she can't deport anyone for not paying. Third, it's illegal for a lawyer to threaten their clients with deportation for failing to pay. Fourth, when your friends decide to work with someone doing something illegal, then that are part of the scam. It's like me hiring an illegal contractor and saying I shouldn't be penalize for doing something stupid like hiring an illegal contractor. I chose to participate in the illegal contracting work.

3. I heard the term "anchor baby" recently, dont know if it's politically correct. But in any case, Edward and Nina had a daughter on US soil 2 years ago. Remember, they've been here for six years legally. Am I correct to say that the daugher is automatically a US citizen and cannot be deported to Brazil?

How do you know that they have been here for six year legally? What is the visas that are allowing them to stay here legally?

The daughter as a US citizen cannot be deported.

4. If I'm right about the new daughter being a citizen, does that mean that the blood parents cannot be booted out of the US no matter what?

Absolutely not. A US citizen child does not prevent parents living illegally from being deported. Use Google. Illegal parents of US citizen children are deported all the time. If the parents don't take their US citizen babies with them, then the babies will be put into foster care in the US and the parents will be deported.

5. What's the next step if the daughter can keep the parents in the country? What paperwork would need to be filed? I'm not an immigration attorney, and I'm not charging these folks any money. I speak better English and would like to assist them with filing the necessary paperwork.

Nothing. When the daughter turns 21 years old, she can then petition for her parents. If they have been living here illegally, then they will have 10 years ban from the US.

6. How much is the paperwork gonna cost and is there any way around it? I certainly wouldn't want anyone to be in the USA illegally but I doubt they'd have 2,000 in cash to pay government fees.

Depending on the case and the complexity, cases can go from several thousand to tens of thousands. Lawyers charge $150 to $400 per hour. Legal work is not cheap.

7. I *think* Edward has a SSN but Nina couldnt get one because she's her on some sort of spousal visa. What should I do about that? Get her an ITIN and hope that lets her get jobs? How do people without a real SSN get jobs in this country!?

Only people legally in the US can get SSN to work. You have no idea if your friends are living here legally since you have no idea what visas they entered on.

Illegal immigrants cannot get SSN to work.

[Mark88 184]

Your post makes absolutely no sense. If they enter legally and are living here legally, then why do they have an immigration problem?

They may have entered legally on visitor visas, but it doesn't mean that they are living here legally. There is a big difference between entering legally and the ability to live here legally.

You need to find out what visas they entered on.

That's what I don't understand, too. I hope the OP can clarify.

[CaizLurol 36]

2. A lady, who may be operating falsely as an unlicensed lawyer, charged them like $7,000 to help out with their immigration troubles. How could it be that much? They're not terrorists or seeking asylum or anything, just normal people. Do you guys think this is a scam? Supposedly, she requested money for mailing in tax returns and personal recommendations proving that Edward has a job (on an annual basis). I'm wondering if she's making up fake duties for herself. Is she even allowed to represent immigrants in government paperwork if she's not an attorney?! She threatened my friends that if they dont pay, she'll have them deported (or something to that effect)

This woman needs to be reported immediately. It sounds like they need a real lawyer. They should retain a real attorney... there are some suggestions on this board.

(Do they happen to live in the Newark / NYC area?)

[CaizLurol 36]

I have worked with many Brazilian and Portuguese immigrants when I lived in the North East. Unfortunately, I have heard that 7 / 10 Brazilians in the US are here illegally (some enter without inspection and others overstay tourist visas, J-1 visas, and F-1 visas for instance.) Many Brazilian lawyers are not really lawyers. They can operate as paralegals but they have not passed the Bar or are properly licensed to practice. Again, I have seen this time and time again when I worked with that specific population in the NE United States.

Not to stereotype, OP, but it sounds like your friends may fit this bill and have overstayed a visa and are shy or scared of admitting that to you out of fear of deportation. I know people who worked for immigration (back in the 2000s when I lived there) and it is very difficult to get someone deported, I was told. They received hundreds of tips and complaints every day and they do not have the man power to go around and follow up on these tips unless a crime was committed. If your friends act now and get a lawyer, they should be "safe".

The child cannot petition for the parents until he/she turns 21.

Your friends will need to retain a lawyer if they are out of status. Find a good, reputable one by doing internet searches. If they live in the Boston area, I have a personal friend that I grew up with and can vouch for who is a real lawyer and speaks Portuguese. Just private message me.

Edited September 28, 2013 by CaizLurol

[Darnell 8,479]

this one bit - 'can't get SSN because she's here on a spousal visa'

is a big red flag for me, telling me that it''s really possible that she not hold a spousal visa at all. Folk entering the USA on a spousal visa (CR-1, IR-1) actually can get a SSN without pain or suffering, 2 weeks after entering the USA on a spousal visa.

So, report back, when you review their documents. Review passport, and pages inside of the passport, naming the visas that you see in her passport. At the moment, I'm betting it's just a tourist visa, which got her legal access and legal period of stay in the USA. Furthermore, if this is the case, she's overstayed. Going forward, she just needs to file the big 'adjustment of status' paperwork (we've a GUIDE for that, here in the GUIDE section, so find it, read it) and, ultimately, in the end, the overstay will be forgiven when the greencard is issued IF she not do anything claiming to be a USA Citizen, if her husband is a US Citizen .

After re-reading post #1 3 times, I posit:

1. They both entered on tourist visas

2. 'attorney' is filing some type of asylum claim

3. both are overstays, entered legally but are out of status and deportable.

Edited September 28, 2013 by Darnell

[Mark88 184]

this one bit - 'can't get SSN because she's here on a spousal visa'

is a big red flag for me, telling me that it''s really possible that she not hold a spousal visa at all. Folk entering the USA on a spousal visa (CR-1, IR-1) actually can get a SSN without pain or suffering, 2 weeks after entering the USA on a spousal visa.

It's not uncommon. If her husband is actually here on i.e. a H1-B visa, she would be here on the spousal H4 visa which doesn't allow work.

http://www.path2usa.com/h4-dependent-visa

[Darnell 8,479]

wei ? Hello ? Hola ?

anything to report, after viewing their passports and other documents?

[peterchou 0]

UPDATE:

Nina just told me on the phone that her husband (who is a world class martial artist) is here on a P1 Visa and she is here on a P4 visa. A quick google search reveals that P1's are for members of sports teams. I guess that makes perfect sense

Nina has an ITIN, but no Social Security Number. Can she use her P4 to get an SSN?

Do P1/P4's "expire"? How can Nina get a "green card"?

[Mark88 184]

Nina has an ITIN, but no Social Security Number. Can she use her P4 to get an SSN?

Do P1/P4's "expire"? How can Nina get a "green card"?

As a P4 holder she can NOT work and get a SSN.

http://www.**.com/visas/pvisa/p4-visa-dependents.html

Do P1/P4's "expire"?

Yes, they can expire. P1's are issued to foreign nationals as members as sport teams to participate in a specific event. Unless the event is ongoing for years now, my guess ist that they entered legally but didn't leave the country.

How can Nina get a "green card"?

Unless they have an asylum case, I see absolutley no realistic chance of them getting a green card.

The question still remains what immigration problems they are having and for what they did the paper work. If the person who took the money from them, promised them a green card, then that was hell of scam...

[Darnell 8,479]

so, you not review the visas and look at dates printed on them.

OK.