marrying an illegal resident

[MRS.MONTILLA 4]

I am asking this question for a friend.

He married his girlfriend who is here illegal from mexico but she came here when she was a child with her parents. My friend is a U.S Citizen and he wanted to know if he can fix her papers now. They have a child together and dont know what to do?

So I am looking for any input please.

Thank in advance

[Pitaya 2,577]

~duplicate thread removed~

[Hypnos 6,578]

It would depend how exactly she entered the US (EWI, or with a valid visa that she has overstayed), and whether she has any documentation to prove it in the latter case.

[MRS.MONTILLA 4]

She came without any documentation. Her parents crossed her over when she was a child

[Hypnos 6,578]

Assuming (i) that was her one and only EWI, and (ii) the overstay is the only issue currently rendering her inadmissible (i.e. she has no criminal issues, medical issues, etc.) then the US citizen spouse should first file an I-130 on her behalf, seeking an immigrant visa. This will take around a year to be approved and sent to the NVC. Once the immigrant visa fee at the NVC has been paid, they would then file an I-601A provisional waiver of inadmissibility. These waivers are not exactly straightforward to get, but provided she can demonstrate how it would be a hardship to her US citizen husband if she were not re-admitted to the US, then there's a good chance of approval. After a few weeks / months the I-601A provisional waiver will hopefully be approved by USCIS, and she would then depart the US to interview in her country of origin for an immigrant visa.

She should consult with an immigration attorney experienced in the new I-601A provisional waiver process before filing anything.

There is currently no way to complete the process from within the US, since she has no status to adjust from.

Edited June 24, 2014 by Hypnos

[teddy k 35]

Assuming (i) that was her one and only EWI, and (ii) the overstay is the only issue currently rendering her inadmissible (i.e. she has no criminal issues, medical issues, etc.) then the US citizen spouse should first file an I-130 on her behalf, seeking an immigrant visa. This will take around a year to be approved and sent to the NVC. Once the immigrant visa fee at the NVC has been paid, they would then file an I-601A provisional waiver of inadmissibility. These waivers are not exactly straightforward to get, but provided she can demonstrate how it would be a hardship to her US citizen husband if she were not re-admitted to the US, then there's a good chance of approval. After a few weeks / months the I-601A provisional waiver will hopefully be approved by USCIS, and she would then depart the US to interview in her country of origin for an immigrant visa.

She should consult with an immigration attorney experienced in the new I-601A provisional waiver process before filing anything. I think she has to file DACA but I'm not sure something to check out

There is currently no way to complete the process from within the US, since she has no status to adjust from.

[MRS.MONTILLA 4]

I thought there was some option where the immigrant pays on back taxes and gets to stay or something like that?? Hmmm

[Darnell 8,479]

Mrs. Montilla - there's one timetick that may be meaningful for your friend - and it's this:

for NVC doc intake on an IR-1 visa - the beneficiary does not have to leave the USA it's time for the interview, with the interview letter generated and sent out from NVC to the petitioner and beneficiary.

Once she has the interview letter in hand, then can get to Mexico, get the medical exam done, get the police clearance reports in Mexico (unsure about what to do for PCCs in USA) and attend the interview with that waiver in hand.

[pushbrk 13,167]

Mrs. Montilla - there's one timetick that may be meaningful for your friend - and it's this:

for NVC doc intake on an IR-1 visa - the beneficiary does not have to leave the USA it's time for the interview, with the interview letter generated and sent out from NVC to the petitioner and beneficiary.

Once she has the interview letter in hand, then can get to Mexico, get the medical exam done, get the police clearance reports in Mexico (unsure about what to do for PCCs in USA) and attend the interview with that waiver in hand.

No PCC's for USA. USCIS (And Dept. of State, as applicable) just does it's own background checks, just like they do for the foreigner. This applies to all foreigners who ever lived in the USA, regardless of whether legal or illegal and regardless of their chosen immigration path.

Edited June 26, 2014 by pushbrk

[Krikit 1,165]

A number of inflammatory posts, and those quoting them, have been removed. Please be civil in your responses. Thank you.