Undocumented Married to a US Citizen

[TexasRafael 134]

It is my understanding that a person who entered the US without documents and marries a US Citizen, can correct their legal status by leaving the US and going through the process of applying for a visa and entering with the Spousal Visa.  I personally know over a dozen friends who have done that.  Once in the US with their green card they can become a citizen after the waiting period as normal.  So what exactly is that President Biden wanted to do that the Supreme Court denied, exactly?

[Crazy Cat 41,834]

My understanding is that it was a change in parole in place policy......it was a Texas judge who blocked it.

[OldUser 6,624]

52 minutes ago, TexasRafael said:

It is my understanding that a person who entered the US without documents and marries a US Citizen, can correct their legal status by leaving the US and going through the process of applying for a visa and entering with the Spousal Visa.  

At that point they may be facing 3 or 10 year bar entering the US depending on how much unauthorized presence they had.

[mam521 2,060]

1 hour ago, TexasRafael said:

can correct

This is the operative here.  These people haven't ever left, many of whom have been for many years.  The Biden Administration is trying to change it so they are pardoned for not righting their wrong and won't face an entry ban for unauthorized presence.  

 

It's a bit of a kick in the teeth for those who have adhered to the immigration rules and left, went through processing and returned legally.  Lots of heartbreak and time apart to do things correctly.  Many feel the Biden Administration is essentially ok'ing grown adults to break the rules for their benefit.   

[TexasRafael 134]

26 minutes ago, OldUser said:

At that point they may be facing 3 or 10 year bar entering the US depending on how much unauthorized presence they had.

Indeed, however, all the ones I know who were here over 10 years without documents all were granted a provisional waiver and went back to their country, went to the interview at the US Embassy and obtained their Spousal Visa, entered the US and eventually all became US Citizents. 

[OldUser 6,624]

47 minutes ago, TexasRafael said:

Indeed, however, all the ones I know who were here over 10 years without documents all were granted a provisional waiver and went back to their country, went to the interview at the US Embassy and obtained their Spousal Visa, entered the US and eventually all became US Citizents. 

Waivers are not easy to pull off and nobody is guaranteed to receive it.

[davidvs 337]

1 hour ago, mam521 said:

This is the operative here.  These people haven't ever left, many of whom have been for many years.  The Biden Administration is trying to change it so they are pardoned for not righting their wrong and won't face an entry ban for unauthorized presence.  

 

It's a bit of a kick in the teeth for those who have adhered to the immigration rules and left, went through processing and returned legally.  Lots of heartbreak and time apart to do things correctly.  Many feel the Biden Administration is essentially ok'ing grown adults to break the rules for their benefit.   

How is it any worse than the millions of people who come on a tourist visa, overstay, marry and get to adjust status? 

 

 

[EzBrzy321 16]

32 minutes ago, davidvs said:

How is it any worse than the millions of people who come on a tourist visa, overstay, marry and get to adjust status? 

 

 

The big difference according to Biden is admissibility. For those who never had a visa to start with, never crossed at a port of entry and snuck into the country get special treatment. It is indeed a slap to the face for folks who came legally but overstayed or never overstayed at all or the ones that risked everything to leave and return. It’s a total reward for intentionally breaking the law. It’s also pretty toothless in the larger scheme as no more than 500K illegal crossers would qualify and non after 2014 would be considered. Pretty weak EO for immigrants and advocates. 

[TBoneTX 45,266]

Thread is moved to the Current Events forum; question is about the political aspect of the Waivers issue.

[mam521 2,060]

21 hours ago, davidvs said:

How is it any worse than the millions of people who come on a tourist visa, overstay, marry and get to adjust status? 

 

 

What @EzBrzy321 said.  

 

Adjustment is a strange grey area as it is.  It's like a get out of jail free card...technically you're breaking the law by not leaving when your allotted time is up, but because you've made some effort, we'll allow you authorized stay until we make a decision.  If USCIS and the government perceived this as being a real threat to national safety, they'd remove the option full stop.  But, there's record of a tourist showing up.  The AOS process is very visible.  It's also highly revenue generating due to the number of forms filed.  

 

Anyone who's actually done any type of immigration proceedings knows it's a time consuming (and often painful) process.  It seems rather unfair that none of that time and effort spent and none of the financial input required to file will all be waived.  100% rewarded for criminal activity and flying under the radar for however long.  Most foreign criminals are expedited back to their home country but in this instance, they'll be made permanent residents of the USA - the exact opposite of that happens for any other rule breaking PR who've agreed to the T&C of permanent residency which includes complying with the laws in the United States.  Most people want justice when people break the law, not for the law breaker to receive a reward. 

[Boiler 45,466]

If someone enters without inspection and marry a USC there are 2 main options

 

DACA and AP

 

I 601a

 

Also if the USC is in the Military Parole in Place.

 

If all they have is unauthorized presence then a well prepared waiver for I 601a would normally be approved.

 

I am sure the regime did not expect this to actually go through but were looking to expand PiP to include everyone not just Military. It was an election ploy after all otherwise you would have done this years ago.