Getting a Visa

[Jacob18 4]

Um so basically I've googled tons and I just dont know anything about this. I have a friend who is 23 now. He came here when he was 8 with his family. They didn't use a Visa, they just crossed the border illegally. He is an illegal immigrant and he has papers like his mexican ID or whatnot idk. Anyways, we don't know of any ways that he can become a legal U.S. citizen and that's the goal. His brother is legal because he was born in the U.S. and both of his parents are illegal. Maybe he can get legal through marriage or I read about DACA but I was told he can't use DACA because he isn't a minor. Also I know he could try to get legal but if he does theres like a 10 year period where he'd have to leave the US and he can't do that. So does anyone know anything that could help him get legal without having to leave the U.S. for 10 years or risk getting deported?

[payxibka 10,045]

13 minutes ago, Jacob18 said:

Um so basically I've googled tons and I just dont know anything about this. I have a friend who is 23 now. He came here when he was 8 with his family. They didn't use a Visa, they just crossed the border illegally. He is an illegal immigrant and he has papers like his mexican ID or whatnot idk. Anyways, we don't know of any ways that he can become a legal U.S. citizen and that's the goal. His brother is legal because he was born in the U.S. and both of his parents are illegal. Maybe he can get legal through marriage or I read about DACA but I was told he can't use DACA because he isn't a minor. Also I know he could try to get legal but if he does theres like a 10 year period where he'd have to leave the US and he can't do that. So does anyone know anything that could help him get legal without having to leave the U.S. for 10 years or risk getting deported?

His goal might be to become a USC, but the reality it will be next to impossible.   If he wasn't inspected at the border upon arrival, his options are next to nil, short of a departure which you have said he won't do 

[aaron2020 11,651]

Hi,

 

Unfortunately, there is no way for your friend to become legal based on what you have posted.  

 

DACA is not available even though your friend can apply even though he is not a minor.  Although the US Supreme Court did not let the Trump administration end DACA, the administration's instruction that USCIS reject all initial DACA applications is still in place.

Since your friend entered the US without inspection, he can not adjust status for a green card in the US.  If he has a path to a green card, he would need to leave the US for a visa interview abroad.

 

His US citizen brother when he turns 21 can petition for his brother.  Your friend would not qualify for a I-601a unlawful presence waiver through his USC brother.  Your friend would need to wait outside the US for ten years before he could benefit from his USC brother petitioning him.  

 

The only way your friend can get legal without leaving the US for ten years is through marriage to a US citizen.  His USC spouse would need to file an I-130 to petition him.  Based on marriage to a USC, he could qualify for an I-601a waiver.  He then leave the US for an immigrant visa interview.

 

US citizen is not a possibility until he gets a green card.  

Best of luck.

Edited October 20, 2020 by aaron2020

[Jacob18 4]

12 minutes ago, aaron2020 said:

Hi,

 

Unfortunately, there is no way for your friend to become legal.

 

DACA is not available even though your friend can apply even though he is not a minor.  Although the US Supreme Court did not let the Trump administration end DACA, the administration's instruction that USCIS reject all initial DACA applications is still in place.

Since your friend entered the US without inspection, he can not adjust status for a green card in the US.  If he has a path to a green card, he would need to leave the US for a visa interview abroad.

 

His US citizen brother when he turns 21 can petition for his parents and his brother.  If his parents have clean records, they will need to get I-601a waivers for unlawful presence and interview outside the US for immigrant visas.  Your friend would not qualify for a I-601a waiver through his USC brother.  Your friend would need to wait outside the US for ten years before he could benefit from his USC brother petitioning him.  

 

The only way your friend can get legal without leaving the US for ten years is through marriage to a US citizen.  His USC spouse would need to file an I-130 to petition him.  Based on marriage to a USC, he could qualify for an I-601a waiver.  He then leave the US for an immigrant visa interview.

 

US citizen is not a possibility until he gets a green card.  

Best of luck.

Okay so say he gets married to a US citizen. How do we know if he qualifies for a I-601 waiver? What if they say no, then he would get deported for 10 years so its risky even then right? Also if you have a 10 year bar, can you leave Mexico to live in another country during that time?

[Crazy Cat 41,888]

1 minute ago, Jacob18 said:

Okay so say he gets married to a US citizen. How do we know if he qualifies for a I-601 waiver? What if they say no, then he would get deported for 10 years so its risky even then right? Also if you have a 10 year bar, can you leave Mexico to live in another country during that time?

He is living a risky lifestyle right now.  He is subject to detention and deportation at any moment.  Is he currently working illegally?  A 10 year ban requires being able to document being outside the US (anywhere) for 10 years....or an approved waiver.

[Jacob18 4]

3 minutes ago, Lucky Cat said:

He is living a risky lifestyle right now.  He is subject to detention and deportation at any moment.  Is he currently working illegally?  A 10 year ban requires being able to document being outside the US (anywhere) for 10 years....or an approved waiver.

He does not have a job right now. And okay. So what about the waiver though. He could qualify for the I-601 waiver, could he apply and they say no and deport him? The marriage thing could work its probably his only option but its doable, I just feel like he wouldn't if the 10 year bar is still a risk.

Edited October 20, 2020 by Jacob18

[Crazy Cat 41,888]

4 minutes ago, Jacob18 said:

The marriage thing could work its probably his only option but its doable

Marriage for the sole purpose of gaining immigration benefits is fraud....and can bring serious consequences.  Of course, he could be deported.  Anyone in the US illegally is subject to the removal process.

Edited October 20, 2020 by Lucky Cat

[Jacob18 4]

1 minute ago, Lucky Cat said:

Marriage for the sole purpose of gaining immigration benefits is fraud....and can bring serious consequences.  Anyone in the US illegally is subject to the removal process.

I've heard that um. Well okay but hes in love so if he marries the person he is dating but its just like a rushed wedding I guess so that he can get legal sooner. Is that illegal. How can an illegal person get married and not be at least somewhat doing it to get legal?

[Lucky2Lucky 2,526]

19 minutes ago, Jacob18 said:

I've heard that um. Well okay but hes in love so if he marries the person he is dating but its just like a rushed wedding I guess so that he can get legal sooner. Is that illegal. How can an illegal person get married and not be at least somewhat doing it to get legal?

Because it never crosses their mind "now this is how I can stay legally?" and it's for love? It is best for him to leave the US and wait out the 10 year ban and then try to legally enter. His future spouse can always move to him.

[Jacob18 4]

5 minutes ago, Luckycuds said:

Because it never crosses their mind "now this is how I can stay legally?" and it's for love? It is best for him to leave the US and wait out the 10 year ban and then try to legally enter. His future spouse can always move to him.

Thats not what I mean though. He's been with someone for a long time and I'm sure they plan on getting married anyways. I just mean they could do it sooner rather than later to try to help him get legal. Also he can't if he does the 10 year ban he wont see his mom or dad for 10 years how is that okay. They cant visit him they're illegal too.

[payxibka 10,045]

Three wrongs doesn't make anything right

[Jacob18 4]

1 minute ago, payxibka said:

Three wrongs doesn't make anything right

What does that mean

[SusieQQQ 11,586]

1 hour ago, Jacob18 said:

I've heard that um. Well okay but hes in love so if he marries the person he is dating but its just like a rushed wedding I guess so that he can get legal sooner. Is that illegal. How can an illegal person get married and not be at least somewhat doing it to get legal?

 

33 minutes ago, Jacob18 said:

Thats not what I mean though. He's been with someone for a long time and I'm sure they plan on getting married anyways. I just mean they could do it sooner rather than later to try to help him get legal. Also he can't if he does the 10 year ban he wont see his mom or dad for 10 years how is that okay. They cant visit him they're illegal too.

If it’s truly a love marriage she presumably won’t mind living outside the US with him in Mexico or wherever they can be legal while they wait for the waiver/bar to finish if waiver doesn’t work? 
 

And yeah, that’s the downside of everyone being illegal, it tends to be a big hassle 🙄. “How is that okay” could be asked of an awful lot of stuff you described in this thread already... 

 

 

Edited October 20, 2020 by SusieQQQ

[Jacob18 4]

1 minute ago, SusieQQQ said:

 

If it’s truly a love marriage she presumably won’t mind living outside the US with him in Mexico or wherever they can be legal while they wait for the waiver/bar to finish if waiver doesn’t work? 
 

And yeah, that’s the downside of everyone being illegal, it tends to be a big hassle 🙄. “How is that okay” could be asked of an awful lot of stuff you described in this thread already... 

 

 

Okay well idk why I'm referring to another person. I'm dating him and I would marry him for love. Its just he wouldn't be willing to risk not seeing his family for 10 years. That would ruin his life he loves his family. Thats why I'm trying to find a way to go around the ban but it seems like the only chance is get married and apply for a waiver for the 10 year ban but I dont think he would even risk trying.

[Crazy Cat 41,888]

4 minutes ago, Jacob18 said:

Its just he wouldn't be willing to risk not seeing his family for 10 years.

He's risking it every moment right now, is he not?  Life is full of choices and consequences.......sometimes our parents makes decisions which affect us in later life.

Edited October 20, 2020 by Lucky Cat