Trying to AOS but I think is Impossible PLZ help

[Mike-eeh and Odie 193]

Your friend lied about his name on the K-1, that is called misrepresentation and automatically carries a lifetime ban. Second, he can only adjust under the US petitioner, which seems impossible at this point. Finally if he were to adjust, they already have his fingerprints and the government will find out he is here illegally and be deported, as he is out of status. In a nutshell, he screwed himself by lying on his K-1.

He needs a VERY good immigration attorney, which will cost thousands for something that may not even be fixable.

[Boiler 45,486]

At the very least he can just stay under DAPA, that gets him work authorisation, Advanced Parole, he can get a Drivers License etc etc.

If he want to become permanent resident it gets complicated.

[Gosia & Tito 199]

?????? I DONT UNDERSTAND WHAT YOUY ARE TRYING TO SAY...

It means this is way to complex for a VJ advice alone and for you to act as middle man, your friends need get to a good immigration attorney pronto to detail the entire case. There is a lot at stake and in something like this, it is critical that information is given 1st hand

DAPA is the recently announced direciton Obama is taking with undocumented people.

[milimelo 4,477]

Sounds like friend is using a notario and not a lawyer.

[Boiler 45,486]

Possible.

[NigeriaorBust 4,087]

If DAPA is for undocumented he doesn't qualify , he is an overstay not a border hopper. I assume that while he was with wife #1 he applied for things that required fingerprints.

[Darnell 8,478]

I am asking for a friend.... she married her husband after 8 yrs of a relationship. They have a 7 yr old daughter and he been in USA out of status. Here is the story.... He came in USA on a K-1 visa with a false name. Married his petitioner, when AOS they where ask to come to interview and they never went to interview. 6 yrs later they divorce. The guy been in USA since 2002 and have never had a legal status or been in trouble with the law.

1. now he remarry and lawyer told him that he has to AOS with his new wife and his interview will be in his country.

2. What are the odds of him getting a green card or even staying in USA legal with his new wife???

1. lawyer said this, exactly? AOS not given outside of USA. Usually a Consular interview is for a visa, not for AOS. Perhaps he thinks to chase an IR-1 visa, instead, as the original K-1 visa never adjusted status in the USA with the original petitioner (even they marry, he cannot adjust with another human. chase visa? yes. AOS? No)

2. green card issuance in the USA, after chasing an IR-1 visa, with consular interview in his country, with a waiver filed for out of status and another waiver filed for false name? I say the odds are quite low, based on the false name issue. That's some criminal stuff, right there.

[Boiler 45,486]

What is the new DAPA program?

The Deferred Action for Parental Accountability (DAPA) is a prosecutorial discretion program administered by USCISthat provides temporary relief from deportation (called deferred action) and work authorization to unauthorized parents of U.S. citizens or Lawful Permanent Residents (LPRs). The DAPA program resembles the DACA program in some important respects, but the eligibility criteria are distinct.

The program will be open to individuals who:

• have a U.S. citizen or LPR son or daughter as of November 20, 2014;

• have continuously resided in the United States since before January 1, 2010;

are physically present in the United States on November 20, 2014, and at the time of applying;

have no lawful immigration status on November 20, 2014;

are not an enforcement priority, which is defined to include individuals with a wide range of criminal convictions (including certain misdemeanors), those suspected of gang involvement and terrorism, recent unlawful entrants, and certain other immigration law violators

present no other factors that would render a grant of deferred action inappropriate; and

pass a background check.

[Boiler 45,486]

1. lawyer said this, exactly? AOS not given outside of USA. Usually a Consular interview is for a visa, not for AOS. Perhaps he thinks to chase an IR-1 visa, instead, as the original K-1 visa never adjusted status in the USA with the original petitioner (even they marry, he cannot adjust with another human. chase visa? yes. AOS? No)

2. green card issuance in the USA, after chasing an IR-1 visa, with consular interview in his country, with a waiver filed for out of status and another waiver filed for false name? I say the odds are quite low, based on the false name issue. That's some criminal stuff, right there.

My best guess is that confusion has occurred in transmitting what the lawyer said.

[LA NEGRA 19]

I didn't think he can AOS, his wife said that they file for CR1 and I did mention the fact that he has an overstay so they needed a waiver. I also mention the fact that he enter USA with a fake name which is a life time ban but she said that the lawyer told them that when they file for CR1 and go back to his country it will just be as he never came in USA. Nothing make sence to me, I'm sure there is more to this story and it has not been told

Edited January 21, 2015 by LA NEGRA

[belinda63 3,038]

If he leaves the country he will have a ban. When he gets fingerprinted it will show up with an alias. How is he going to explain this? He will be hit with a misrepresentation and would have to lie on the paperwork which would be another misrepresentation. You need a really good immigration attorney.

[Boiler 45,486]

He will not get a ban if he uses AP to travel, the misrep definitely complicates matters.