B2 overstay and US citizen baby

[Just Paul 4,595]

The child can petition them in 21 years!

[Timona 4,206]

1 hour ago, ineedadisplayname said:

It is actually pretty simple to get a DL in the US if you have the right papers. Some states does not require proof of status and u can apply for a license.

Went to DMV, they told me which office to go for the testing and gave me a book to study from. Went next day to the place they told me to go,  took the written test and then the same afternoon the driving test. Walked out with a paper that I passed. Approx in 2 hours. (needed to wait for the driving test) My issue was that Missouri wanted to see a GC or EAD to actually issue the license, but had no issues with me taking the test.

 

I know it is easy. My point was, for them to get this done on the first week of being in the US means they did their homework before before boarding for US.

 

10 hours ago, aznhouston said:

I personally know a person who got married to the US citizen husband, had a child, got divorced. Her AOS got denied, but since she got the full custody of the child, she's able to stay to take care of the baby. The father doesn't have good  income, so she is able to work and receive govt support for the child.

 

It'll be a long journey as they have to wait for the baby to grow up and has good income to file for their GC.

 

This one was wasn't smart and did not plan well, if you know what I mean 😏. 

[HRQX 4,145]

16 hours ago, Mike E said:

IMHO they are going to end up with a multi year ban.

Even after the unlawful presence ban ends they'll still face issues (I'm assuming that they will probably try consular processing). Per the FAM, they could face misrepresentation bar for any Inconsistent Conduct within the 90 days: https://fam.state.gov/fam/09FAM/09FAM030209.html

Quote

Inconsistent Conduct: For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an applicant’s nonimmigrant status depends on the nonimmigrant status the applicant has/had and the activities of the applicant in such status,  including, but not limited to:

(i) Engaging in unauthorized employment on B1/B2 nonimmigrant status. Certain activities may not constitute unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's employment activities when make a 6C1 finding under the 90-day rule;

(ii) Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (e.g., B1/B2 status);

(iii) A nonimmigrant in B status, marrying a United States citizen or LPR and taking up residence in the United States. To establish that an applicant took up residence in the United States before/after marrying a U.S. citizen or LPR, you may consider whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant’s name, whether the applicant obtained a local driver’s license, and any other evidence that may support a finding that the applicant took up residence in the United States); or

(iv) Undertaking any other activity for which a change of status (NIV to NIV) or an adjustment of status (NIV to IV) would be required, without the benefit of such a change or adjustment. Simply filing for a change of status or adjustment of status is not in itself sufficient to support a presumption of misrepresentation under the 90-day rule; the individual must also engage in conduct inconsistent with authorized status without the benefit of such a change of status. Moreover, if an individual engages in the activities for which he/she was admitted, such as to study on a F1 visa, but also engages in unauthorized work without seeking an employment authorization document (EAD), then that is insufficient to justify a presumption of a misrepresentation.

(c) In cases where you are unsure whether an activity is inconsistent with nonimmigrant status or whether a violation occurred, you may request an AO from L/CA. 

(d) A consular manager must review all 6C1 findings of ineligibility under the 90-day rule.

 

For example:

 

Edited December 5, 2021 by HRQX

[TBoneTX 44,931]

5 hours ago, millefleur said:

**Several non-contributory and derailing posts removed. Post constructively and reminder to heed the TOS.**

 

VJ Moderation

Quoted as a reminder.  Any noncontributory or derailing posts will result in suspensions from the site.

 

VJ Moderation

[Mike E 11,739]

https://www.nolo.com/legal-encyclopedia/green-card-through-cancellation-removal-non-lpr-who-qualifies.html Outlines what  the likely plan here is. 
 

“

The conditions for this form of relief from deportation are as follows:

1. You have been living ("continuously physically present") in the U.S. for at least ten years.
2. Your being removed ("deported") from the U.S. would cause "exceptional and extremely unusual hardship" to your qualifying relative(s), who is (or are) U.S. citizens or lawful permanent residents (LPRs).
3. You can show that you have "good moral character."
4. You have not been convicted of certain crimes or violated certain laws.”

Edited December 5, 2021 by Mike E

[aaron2020 11,651]

6 hours ago, Mike E said:

https://www.nolo.com/legal-encyclopedia/green-card-through-cancellation-removal-non-lpr-who-qualifies.html Outlines what  the likely plan here is. 
 

“

The conditions for this form of relief from deportation are as follows:

1. You have been living ("continuously physically present") in the U.S. for at least ten years.
2. Your being removed ("deported") from the U.S. would cause "exceptional and extremely unusual hardship" to your qualifying relative(s), who is (or are) U.S. citizens or lawful permanent residents (LPRs).
3. You can show that you have "good moral character."
4. You have not been convicted of certain crimes or violated certain laws.”

Requires them to be put in removal.  Not likely to happen.