Without Visa

[shatay 1]

Can anyone tell this guy where to go and get himself sorted after coming here without a visa and his married to a USA citizen.What the possibilities he can fill his papers as to correct his mistakes.

Please he needs your advice as he cannot speak good English nor write for him so i did this to get info for him.Thanks Guys

[Hypnos 6,576]

How and when did he most recently enter the US?

[VickyP 34]

What I do understand there were so many things changed regarding being Illegal in the US and married to an USC.

From what I found online the U.S. citizen spouse can file a Form I-130, Petition for an Alien Relative, on your friends behalf, together with his own green card application on Form I-485, Petition to Adjust Status.

This is what I found:

http://www.nolo.com/legal-encyclopedia/can-illegal-immigrant-get-green-card-based-marriage-us-citizen.html

[canadian_wife 1,822]

Where is he from? How many times did he enter the US? How did he enter? When was the last entry?

good luck

[shatay 1]

How and when did he most recently enter the US?

Please he said he entered 5years ago through Mexico Border and married last march this year,Now the wife has already filled I-130 for him.Just want to know anything he can do?

[SBB 74]

If by "came here without a visa" you mean "came here on the visa waiver program" then it's a relatively straightforward Adjustment of Status filing. If by "came here without a visa" you mean "sneaked over the border" then there's nothing he can do without leaving the country and waiting a while.

[Hypnos 6,576]

I am going to assume he Entered Without Inspection from Mexico and is a Mexican citizen illegally present in the US.

He must wait until the pending I-130 already filed by his wife is approved. Then he can file an I-601A provisional waiver, since by that point he would be the beneficiary of an approved I-130. He will need to demonstrate that it would be a hardship to his US citizen wife for him not to be re-admitted to the US as an LPR. If the I-601A is approved then he would be scheduled for an interview at the US embassy in Mexico and would need to attend that. If all goes well he would receive his immigrant visa and would be able to re-enter the US as an LPR within a few weeks / months.

He should consult an experienced immigration attorney before filing the I-601A, although, again, the I-130 must be approved before that can be done.

[shatay 1]

Where is he from? How many times did he enter the US? How did he enter? When was the last entry?

good luck

His from Mexico,been here all these years 5yrs Stowing away in someone's car as to cross the Mexico border he said

[shatay 1]

I am going to assume he Entered Without Inspection from Mexico and is a Mexican citizen illegally present in the US.

He must wait until the pending I-130 already filed by his wife is approved. Then he can file an I-601A provisional waiver, since by that point he would be the beneficiary of an approved I-130. He will need to demonstrate that it would be a hardship to his US citizen wife for him not to be re-admitted to the US as an LPR. If the I-601A is approved then he would be scheduled for an interview at the US embassy in Mexico and would need to attend that. If all goes well he would receive his immigrant visa and would be able to re-enter the US as an LPR within a few weeks / months.

He should consult an experienced immigration attorney before filing the I-601A, although, again, the I-130 must be approved before that can be done.

Thanks bobby,you just said it all i told him already but not being sure i have to ask you guys for your good opinion,once again thank you.