Entered illegally, Applying for Green Card or Citizenship

[MaryLoves 5]

Can someone who entered the US illegally by crossing the U.S. border and have remained in the U.S. for over a few decades apply for a green card or citizenship, being inside the U.S.?

 

I have a friend whose parents entered the U.S. illegally more than a few decades ago. They have never left the U.S. ever since.

She told me that their parents are thinking to pay more than $20,000 for an attorney they found, who claims that they can still apply for a green card and get the legal residence here in the U.S. without having to leave this country.

 

If I am not mistaken, once they leave this country, they will get a 10-year entry ban because they have illegally stayed in the U.S. for more than 180 days.

Is what the attorney is saying even true? 

 

Since I am not a professional, I don't know if that's legit or scam, but I am close to the parents too and I don't want them to pay so much money if that's a scam.

Does anyone know if that's even possible, and if so, what kind of processes do they have to take? 

 

 

[arken 4,197]

3 minutes ago, MaryLoves said:

who claims that they can still apply for a green card

 Correct, they can apply for it.

 

 

3 minutes ago, MaryLoves said:

 

and get the legal residence here in the U.S. without having to leave this country.

Nope, they cannot get the GC without leaving and going through the visa interview process.

 

5 minutes ago, MaryLoves said:

they will get a 10-year entry ban because they have illegally stayed in the U.S. for more than 180 days.

Correct.

 

[aaron2020 11,651]

Parents can not adjust status in the US since they entered illegally.

 

Parents would need a waiver and interview for immigrant visas in their home country.  However, they would need a qualified relative to get a waiver.  A USC child is not a qualified relative.  A qualified relative would be a spouse or parent.  

There is a rare exception for the parents of a USC child who is/was in the military.  Is your friend active in the military or a veteran?

If your USC friend is not in the military, then this is a scam. 

The way the scam works is that the shady attorney will file paperwork.  Paperwork that eventually be denied.  Meanwhile, he milks the family for more money because this or that.  

Edited October 13, 2021 by aaron2020

[Allaboutwaiting 2,503]

Their only option to get a green card would be leaving and waiting 10 years for their daughter to petition them.

 

That "attorney" is lying and trying to rip them off.

Edited October 13, 2021 by Allaboutwaiting

[MaryLoves 5]

Thank you everyone for answering so quickly!

 

Let me give you guys more details of what my friend told me.

My friend is not a USC, as she was brought to the U.S. by her parents when she was a baby. She has been on DACA.

She has younger siblings, who were all born here in the US, and hence are USC. 

 

This "attorney" told the parents that they can apply for green card/citizenship being in the US (never having to leave America) by having their son petition them.

The son is a USC, over 21, with no criminal background. The parents never want to leave this country because they don't want to go through the 10-year ban, and I think that's the part the attorney is trying to lie about and where she is trying to take advantage of the parents.

 

Also, none of their family members has been in military service. Nor has the son, who the attorney claims can petition the parents.

[Allaboutwaiting 2,503]

5 minutes ago, MaryLoves said:

Thank you everyone for answering so quickly!

 

Let me give you guys more details of what my friend told me.

My friend is not a USC, as she was brought to the U.S. by her parents when she was a baby. She has been on DACA.

She has younger siblings, who were all born here in the US, and hence are USC. 

 

This "attorney" told the parents that they can apply for green card/citizenship being in the US (never having to leave America) by having their son petition them.

The son is a USC, over 21, with no criminal background. The parents never want to leave this country because they don't want to go through the 10-year ban, and I think that's the part the attorney is trying to lie about and where she is trying to take advantage of the parents.

 

Also, none of their family members has been in military service. Nor has the son, who the attorney claims can petition the parents.

He can as he's a USC, but they simply cannot get residence without leaving for 10 years. 

[aaron2020 11,651]

7 minutes ago, MaryLoves said:

Thank you everyone for answering so quickly!

 

Let me give you guys more details of what my friend told me.

My friend is not a USC, as she was brought to the U.S. by her parents when she was a baby. She has been on DACA.

She has younger siblings, who were all born here in the US, and hence are USC. 

 

This "attorney" told the parents that they can apply for green card/citizenship being in the US (never having to leave America) by having their son petition them.

The son is a USC, over 21, with no criminal background. The parents never want to leave this country because they don't want to go through the 10-year ban, and I think that's the part the attorney is trying to lie about and where she is trying to take advantage of the parents.

 

Also, none of their family members has been in military service. Nor has the son, who the attorney claims can petition the parents.

They can only adjust status and not have to leave the country if they have a kid who is in the military or is a veteran.  Otherwise, it's a no go and they can't get green cards or immigration visas.  

Google US citizen child petitioning undocumented parents.  

[MaryLoves 5]

Is there a waiver available for this?

 

Can they apply for something like I601A and get a waiver? 

[aaron2020 11,651]

1 minute ago, MaryLoves said:

Is there a waiver available for this?

 

Can they apply for something like I601A and get a waiver? 

There is no waiver that they would qualify for.  

To qualify for a waiver, they have to have a spouse or parent who is a USC or LPR.  Those are qualified relatives who could file a waiver for them.  

A US citizen child can not file a waiver for a parent who entered illegally.  

[MaryLoves 5]

So the only way for the parents to get the legal residency here is, 

 

Leave this country,

Finish their ban (10years)

And then apply for GC

 

Am I correct? There is no other or faster way to make this happen.

[HRQX 4,145]

25 minutes ago, MaryLoves said:

There is no other or faster way to make this happen.

https://www.uscis.gov/military/discretionary-options-for-military-members-enlistees-and-their-families Is your friend a... ?

Quote

• Active-duty member of the U.S. armed forces;
• Individual in the Selected Reserve of the Ready Reserve; or
• Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

 

If not then they'll need to leave the US; i.e...

28 minutes ago, MaryLoves said:

the only way for the parents to get the legal residency here is,

 

Leave this country,

Finish their ban (10years)

And then apply for GC

[millefleur 5,046]

**Moved from US Citizenship General Discussion to Bringing Family Members of US Citizens to America**

 

 

6 hours ago, MaryLoves said:

She told me that their parents are thinking to pay more than $20,000 for an attorney they found, who claims that they can still apply for a green card and get the legal residence here in the U.S. without having to leave this country.

Report that attorney to the state bar. They are 100% running a scam operation.

[Just Paul 4,595]

1 hour ago, MaryLoves said:

Leave this country,

Finish their ban (10years)

Then their son can petition them.  They can not petition themselves.

[Demise 1,289]

14 hours ago, MaryLoves said:

Can someone who entered the US illegally by crossing the U.S. border and have remained in the U.S. for over a few decades apply for a green card or citizenship, being inside the U.S.?

 

I have a friend whose parents entered the U.S. illegally more than a few decades ago. They have never left the U.S. ever since.

She told me that their parents are thinking to pay more than $20,000 for an attorney they found, who claims that they can still apply for a green card and get the legal residence here in the U.S. without having to leave this country.

 

If I am not mistaken, once they leave this country, they will get a 10-year entry ban because they have illegally stayed in the U.S. for more than 180 days.

Is what the attorney is saying even true? 

 

Since I am not a professional, I don't know if that's legit or scam, but I am close to the parents too and I don't want them to pay so much money if that's a scam.

Does anyone know if that's even possible, and if so, what kind of processes do they have to take? 

 

 

There's a few (unusual) options which allow someone to adjust in US after an entry without inspection:

Asylum

Cancellation of removal

VAWA

T/U Visa

SIJ

Some other special immigrant categories that include too few people to bother listing them individually

Basically all immigrant categories if covered under 245(i)

Section 7 of Central Intelligence Act

Registry (living in US since Jan 1st, 1972)

 

Like, in this case, if the friend was born in US (or is otherwise a USC or LPR) Cancellation of Removal would be available if extremely difficult, Asylum similarly could be available if there's been a significant change (for the worse) in conditions in their country of origin. Like you'd need to tell me more about the plan and what the lawyer in question called it for me to give you more details as to how you do the particular avenue of relief.

 

I definitely disagree with the users who perpetuate the "you can't do s**t after EWI" meme, you generally can't or have to get an I-601A waiver to do consular processing but options if unusual and generally not applicable do exist.

Edited October 14, 2021 by Demise

[belinda63 3,038]

Tell your friends to have the attorney write his guarantee that the parents can get a green card without leaving the US in the contract and if he fails to obtain it he will refund all his fees. 

Also ask very specifically what path the attorney is going to use for the parents to obtain the green card. Be prepared with questions such as the child is not a qualifying relative for the waiver.