Getting a Visa

[Jacob18 4]

1 minute ago, Lucky Cat said:

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.

Yeah but its way less risky. If he tries to get a waiver and got denied theres no chance he doesnt get deported. If he stays how he is now, his family keeps doing what they're doing and he keeps doing what he's doing. Idk how anybody would get him deported right now unless someone close to them reported them to ICE or something.

[aaron2020 11,651]

8 minutes ago, Jacob18 said:

Yeah but its way less risky. If he tries to get a waiver and got denied theres no chance he doesnt get deported. If he stays how he is now, his family keeps doing what they're doing and he keeps doing what he's doing. Idk how anybody would get him deported right now unless someone close to them reported them to ICE or something.

Perfectly fine for him to marry his long time US citizen girlfriend and seek to get a green card.  

[SusieQQQ 11,586]

16 minutes ago, Jacob18 said:

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.

He’s taking risks every day. If he gets caught and gets deported, it is going to be much harder to get back than if he leaves voluntarily. I feel for him - he was 8 when he came, it wasn’t like it was his decision. Unfortunately every day he stayed after age 18 is considered his decision in the eyes of the law and there are consequences for that. There is simply no way around the ban if he wants to be legal.

[Jacob18 4]

1 minute ago, aaron2020 said:

Perfectly fine for him to marry his long time US citizen girlfriend and seek to get a green card.  

Yeah but they will deport him when he seeks a green card and its not easy to waiver the 10 year ban is it?

[SusieQQQ 11,586]

2 minutes ago, aaron2020 said:

Perfectly fine for him to marry his long time US citizen girlfriend and seek to get a green card.  

Yes - but he has to leave the country to do so because he entered without inspection, and he doesn’t want to do this.

[Crazy Cat 41,888]

1 minute ago, SusieQQQ said:

He’s taking risks every day. If he gets caught and gets deported, it is going to be much harder to get back than if he leaves voluntarily. I feel for him - he was 8 when he came, it wasn’t like it was his decision. Unfortunately every day he stayed after age 18 is considered his decision in the eyes of the law and there are consequences for that. There is simply no way around the ban if he wants to be legal.

Well said!!!!!

[Jacob18 4]

1 minute ago, SusieQQQ said:

He’s taking risks every day. If he gets caught and gets deported, it is going to be much harder to get back than if he leaves voluntarily. I feel for him - he was 8 when he came, it wasn’t like it was his decision. Unfortunately every day he stayed after age 18 is considered his decision in the eyes of the law and there are consequences for that. There is simply no way around the ban if he wants to be legal.

Thats dumb thats so unfair. Can he get the ban wavered though? If he tries does he even have a chance of it actually working?

[SusieQQQ 11,586]

5 minutes ago, Jacob18 said:

Yeah but they will deport him when he seeks a green card and its not easy to waiver the 10 year ban is it?

No, the way it would work is you marry him and file an i130 for him - not an i485 (Adjustment  of status) because he can’t legally adjust.  Then, he leaves voluntarily and applies for a visa at the consulate in Mexico when the i130 is approved etc, and that is where the waiver comes in. No deportation necessary. However he will probably be 1-2 years outside the US for this process (which is why I suggested the wife goes with him in the interim during this period).

 

Plenty successful waivers, go look at the waivers forum.
 

 

 

Edited October 20, 2020 by SusieQQQ

[SusieQQQ 11,586]

Just now, Jacob18 said:

Thats dumb thats so unfair. Can he get the ban wavered though? If he tries does he even have a chance of it actually working?

His parents were the ones being unfair, if you want to look at it in those terms. He had DACA as an option that is pretty fair to most people, unfortunately did not use it in time?

[Jacob18 4]

1 minute ago, SusieQQQ said:

No, the way it would work is you marry him and file an i130 for him - not an i485 (Adjustment  of status) because he can’t legally adjust.  Then, he leaves voluntarily and applies for a visa at the consulate, and that is where the waiver comes in. No deportation necessary.

 

Plenty successful waivers, go look at the waivers forum.

Okay. And so if we did that he can drive back to Mexico? They won't come force him to leave? And what about his family. Say we did this and he went to a consulate. His parents wouldn't get deported for anything we do right?

[SusieQQQ 11,586]

1 minute ago, Jacob18 said:

Okay. And so if we did that he can drive back to Mexico? They won't come force him to leave? And what about his family. Say we did this and he went to a consulate. His parents wouldn't get deported for anything we do right?

Sure he can drive back.  I seriously doubt anyone is going to bother tracking down his parents unless they’ve done something criminal that somehow comes out during this.
Also you need to take a step back from the emotions and look at facts, because that is what immigration is, an analysis of the facts of the case. In the highly unlikely event his parents get deported, it won’t be “because” of anything you did, it will be because they are in the country illegally.

[SusieQQQ 11,586]

Take a look at the guides at the top of the page to get an idea of the actual process involved in sponsoring someone, and at the waivers forum to get an idea about how the waivers work.

[Jacob18 4]

16 minutes ago, SusieQQQ said:

Sure he can drive back.  I seriously doubt anyone is going to bother tracking down his parents unless they’ve done something criminal that somehow comes out during this.
Also you need to take a step back from the emotions and look at facts, because that is what immigration is, an analysis of the facts of the case. In the highly unlikely event his parents get deported, it won’t be “because” of anything you did, it will be because they are in the country illegally.

Yeah I know you're right it just sucks how it works. Um one last thing. How would you file an i130? Is there some website you go to or go to some place or..?

Also the waiver relies on them being married. If its two men that wouldn't change anything right?

Edited October 20, 2020 by Jacob18

[aaron2020 11,651]

24 minutes ago, Jacob18 said:

Yeah but they will deport him when he seeks a green card and its not easy to waiver the 10 year ban is it?

You're operating under a lot of misconceptions.

Deportation takes years.  

 

ICE will not seek to deport him when his USC spouse files the I-130 to start the immigration process.

Pretty easy to file the I-601a to waive unlawful presence when he's married to a US citizen.  

This is pretty easy and doable.  Your friend and his future USC spouse should educate themselves well about the entire process from filing the I-130, I-601a, and interviewing in Juarez for an immigrant visa.

[SusieQQQ 11,586]

8 minutes ago, Jacob18 said:

Yeah I know you're right it just sucks how it works. Um one last thing. How would you file an i130? Is there some website you go to or go to some place or..?

Like I said, there are guides linked at the top of the page, here is the basic i130 one https://www.visajourney.com/guides/ir1-spouse-visa/ but there are others you should browse too. They will also help you understand the process which is somewhat more complicated than just filling in a form.