Amnesty for Illegal Spouse but left the country?

[KiwiBird 132]

Just a random question, but it's not for me. A friend of mine (USC) is married to an undocumented spouse. I believe she was brought here when she was really young by her parents. She was facing deportation when they got married on American soil.

Since Obama has announced amnesty for illegals, they have gone on vacation to her home country. Would she be able to get back in the country since she has left willingly? I'm curious how that works. I'm worried she won't be able to get back. But then again, maybe she knows something I don't.

[msbau764 245]

Just a random question, but it's not for me. A friend of mine (USC) is married to an undocumented spouse. I believe she was brought here when she was really young by her parents. She was facing deportation when they got married on American soil.

Since Obama has announced amnesty for illegals, they have gone on vacation to her home country. Would she be able to get back in the country since she has left willingly? I'm curious how that works. I'm worried she won't be able to get back. But then again, maybe she knows something I don't.

If she is undocumented how does she plan on coming back without Advanced Parole?

[aleful 1,905]

hi

plus there is no amnesty

she left the country triggering the 10 year ban, if there was no petition with an advance parole, how do they plan to return?

[JimVaPhuong 4,863]

First, Obama has not announced any "amnesty". He doesn't have the authority to do that without Congress passing a law authorizing it. What he has announced is an expansion of the deferred action program he previously created for people brought to the US illegally as minors, called Deferred Action for Childhood Arrivals, or DACA. The expansion will allow more people to qualify for DACA, as well as allowing parents of DACA eligible kids to apply for deferred action. It also expands the provisional waiver of unlawful presence so that more people are eligible to apply for the waivers while in the US.

Just to be clear, deferred action is a temporary stay of prosecution. It's not amnesty.

The terms of the program have not been finalized. Currently, it requires five years of continuous residence. If it ends up working like the DACA program then brief periods of absence before a cutoff date (it's August 15, 2012 for DACA) would not count against continuous residence. After the cutoff date then ANY absence would disqualify the alien from eligibility.

Again, if it works like the DACA program, then she would be able to apply for advance parole once she had been approved for the deferred action program. With an approved advance parole, she would be eligible to leave the US and reenter. If she hasn't already been approved for deferred action then she can't apply for advance parole. If she left the US without advance parole then she triggered the 10 year ban. She won't be allowed back into the US until she applies and is approved for a waiver of the ban and an immigrant visa based on her marriage. This will all begin with her husband filing a petition for her.

She really blew it by leaving the US.

[KiwiBird 132]

That's what I was thinking. I don't think she will be allowed back in but her and her husband left on vacation and they don't seem worried at all. (Or else they wouldn't have left.) I was curious if there was something I was missing but based on the replies I'm seeing here, it seems you guys think the same I do.

I remember how hard it was to get my then-fiancé/now-husband in and that was doing it the legal way. Without any papers, I really don't know how she expects to get back.

[msbau764 245]

That's what I was thinking. I don't think she will be allowed back in but her and her husband left on vacation and they don't seem worried at all. (Or else they wouldn't have left.) I was curious if there was something I was missing but based on the replies I'm seeing here, it seems you guys think the same I do.

I remember how hard it was to get my then-fiancé/now-husband in and that was doing it the legal way. Without any papers, I really don't know how she expects to get back.

Please do us a favor and update us whenever your friend attempts to come back to the US. I have a gut feeling she won't be allowed back in unless she filed for advanced parole.

[KiwiBird 132]

I will update. I'm not sure when they are due back. I don't think it'll be more than a week or two though.

In the meantime, I'll be scratching my head, trying to figure out what they were thinking.

[NigeriaorBust 4,087]

Strange things sometimes happen, but under normal rules she will not return.

[Cathi 5,609]

They will not allow her back in. Period.

[Boiler 43,425]

I assume she has AP and will re enter so she can then adjust.

Going without AP would be silly.

[NigeriaorBust 4,087]

They will not allow her back in. Period.

I recently said the same thing to friends asking about a 3rd party that voted for Obama as an LPR and then left the US for 19 months with no reentry permit. But he was at the holiday party.

[Penguin_ie 5,984]

Are you sure she is still undocumented? If she was facing deportation and they got married, depending on how she got here in the first place, she may have Adjusted Status and have a greencard by now.

[Boiler 43,425]

OP said undocumented not out of status,so very few options to adjust,COR and Asylum come to mind

[Jawaree 717]

I recently said the same thing to friends asking about a 3rd party that voted for Obama as an LPR and then left the US for 19 months with no reentry permit. But he was at the holiday party.

Maybe she is not telling her biz all the way

& she has AP to return, after all the yrs here

she must know these things, if not she wont get

back in.

If a person stays out lest tan 24 mths with a

valid reason & proof CBP will allow them in with

a warning ....24 mths they wont get in without

re-entry permit

Edited December 21, 2014 by Jawaree

[KiwiBird 132]

I didn't think an undocumented person who was already facing deportation could marry a USC and get a green card that way. Is that possible now or wouldn't that just lead to many sham marriages solely for green cards?