Today my wife and I met a family. The husband is a naturalized american citizen and his wife came into the states illegally 6 years ago.

They have a 3 year old son that was born here.

They have spent thousands of dollars for lawyers trying to legalize the wife's stay here.

As their son is an american citizen (born here) and husband is now a citizen too, what can be done to help her get legal with INS? I might also add that they have a restaurant.

I told them that this was a real mess but that I would ask the 'visajourney' group. You all have always been so kind when helping us through the K1 visa process (my wife now has her green card after only 4 months and no interview!)

Thank you all for your kind and sensitive replies.

Howard
Atlanta, GA

Assuming she entered illegally once and has no other issues.

He files for her as a spouse, she returns to her country for the interview, refused, files a waiver showing extreme hardship to husband and child if not allowed visa,

But of they have spent thousands of dollars on Lawyers they will know all this, pretty basic stuff.

Thats what I thought. I told them the same thing..

Thanks

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

If she entered illegally (without inspection) there is no option to adjust status.

If she entered legally, but is out of status (overstay/unauthorized work) then she can adjust status.

Aussielad,

And if she is eligable to adjust status he wouldn't apply for it, she would.

Yodrak

I know this won't be a popular comment but it is my opinion and I am entitled to it ' I AM SO SICK OF ALL THESE ILLEGAL PEOPLE TRYING TO GET INFORMATION "

Ones that are illegal are still entitled to information in order to do the right thing. That is often why the questions are asked. There are also many reasons why one is out of status after entering legally.

For once someone pointed out that why are illegals asking so much information. It is very very unfair to those of us who have waited in line for extended periods of time to be cut off by illegals adjusting status. I dont think their is ever any reason to being illegal regardless. Overstay that may be understood but entering the country illegally and then marrying someone who is legal that is quiet dishonest even if the person is green card holders. Green card, US citizen spouses have to wait years. Why do these people want to take the short cut by applying for a waiver

The waiver is far from being a shortcut. They will need a petition and wait for an interview like everyone else. In addition to the usual wait time, they will be initially denied at the interview and then file the waiver. There will be considerable wait time following the waiver submission tacked onto the end of the normal timeframe. If they cannot show sufficient hardship with the waiver, they may still be denied a visa.

They dont take any shortcuts their cases take just as long and sometimes longer (if they need waviers) than everyone else... They are trying to do the right thing so why dont we help them with the information they need....

Kezzie

sheraz,

And while it may be the 'illegal' alien who is applying for the benefit, the reason they have the ability to apply is the same reason the fiance(e)s and spouses of the rest of us have the ability to apply - they are married to a US citizen.

It's not the alien being granted a favor, it's their USC spouse who is being granted a favor by being told, in effect, we won't kick your spouse out of the country and break up your family as long as they are otherwise admissable. Out of consideration for you, a USC, we will allow your spouse the opportunity to make their case.

Yodrak

This is not necessarily true.
For example this person might qualify under INA 245i:
http://immigration.about.com/library/weekly/aa121500a.htm
1. Physically present in the United States on December 21, 2000;
2. An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;
3. The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
Paying the $1,000 penalty fee at the time of filing I-485.
Have an immigration lawyer who specializes in removal defense look at your case. The consultation fee might be all you need to know your fate.

This was part of the LIFE Act which also authorized K3 visas. I know of some individuals here where I live that qualified and now have their green cards.

But, as you pointed out, the petition had to be filed before the cutoff date back in 2001, and the USCIS cannot accept new petitions by law.

Maybe just hang in there and see what comes out of any now legislation that will be rehashed between the Senate and the House when Congress re-adjouns.

Yodrak,

Point well taken. I often come across people and listen on talk radio about illegals and walking across the boarder etc. Your reply serves well to explain that

That article was written December 15, 2000 and dealt with rules that applied at the time and expired in 2001. It does nothing for someone that is just now deciding to seek legal status. I stand by my original statement.

The date of the article is irrelvent, you can go down to EOIR and hear plenty of cases adjudicated under 245i today. Here is one exmaple.
A qualifying relative, say a sibling filed an I-130 for you 7 years ago. You are still technically waiting for a visa number. However, you decided not wait and entered illegally a year later say in early 2000 and have remained since. Now, today, you go ahead and try to adjust, you will be 245i eligible.
So your blanket rule does not apply to every circumstance of illegal entry as you make it sound.

The son can't do anything until he's 21 years old, I believe

I kind of agree with this. It chaps my hide to wait...and wait and wait and wait and wait to do things nice and 100% legal while fence-jumpers who are breaking the law apply for AOS. It's time to seal off the border; it's not even funny anymore, it's a matter of national security.

You have Annie's and My concurrence. So I am going to ask all citizens to contact all of their Federally Elected Representatives and get that Fence Bill approved and Funded. The current version going through is not funded, so it will go nowhere.

I do take pity on those that want to contribute to the "American Way". Not the people who take their turn, enter illegally and send most of their money back home.

As someone who was married to an illegal I can safely say, our journey was not any faster than anyone else's and we didn't get any special treatment. We still had to do the same process as you all did. Plus wait longer because he was denied and we had to file the waiver. Most "illegals" you are talking about "hopping the fence" can't adjust status here. It's very rare you find one who has a petition on file already and qualifies for the AOS rule. Most end up going back to Mexico and waiting out the waiver. Why don't you make sure you have an idea about how things actually work before you go off spouting nonsense.

As for the fence idea, that's not the answer. There are fences already and apparently you all feel they "hop" them all the time to get here. The answer is coming up with some kind of system that allows all immigrants the same opportunities as the next. If it were easier, simpler, and less expensive to receive work visas, I'd venture to say most legitimate immigrants would go this route. I know my husband would have. They know what they do is wrong but for them it's the only option they have at that moment to better their lives and their families lives.

I don't agree with throwing the doors open and simply documenting everyone who wants to come to the United States. Immigration to the US should be controlled and numbers of non-family immigrants should be limited.

If you want to see what uncontrolled mass migration is doing to the United Kingdom, I'd love to discuss it with you. You really don't want more of that in the US. Documented or not it has a massive impact that the rest of us do pay for.

Please don't put words in my mouth. I never said, anywhere in my post, that I agreed with mass migration. I just stated it's much easier for some countries to get work/tourist visas than others. It should be on an equal field. Plus, I don't know about your VJ but our's was pretty darn expensive. So much so that if Javier had tried to do it on his own, never having come to the US, he wouldn't have been able too. I'm sure you realize this, but I'm going say it anyway. Most of the illegal aliens can't afford to come here legally. Thus, the reason they come illegally. As I said before, I'd venture to say they'd do it legally if they had the means to do so.

So, again I say, a fence is not going to fix that problem. The problem will still exist. There needs to be a major immigration overhaul if they want to even think about making a dent in the illegal alien population.

There is a big difference between illegals and those that entered legally. For one thing, those that entered illegally cannot adjust status regardless if they are married to a USC.

Those that are illegal, as I stated before, are just as entitled to ask questions about doing things the right way....thus returning to their country of residence, where they will be denied the visa and then able to file a waiver. Waivers, as stated by other members, is not a shortcut as they take quite some time to process and not all are approved.

Off with the blinkers, I say

I'd just like to add that some 'illegals' were minors that were brought here by their parents and may not even have been aware of the consequences, never mind having a choice in the matter. Kudos to any that want to do something about correcting the situation. I imagine it must be horribly stressful lving that way.

If they were brought over by their parents then that's not their fault. But for the rest of them, jumping over the fence was a choice...a choice that has consequences. I think I've made my feelings on this clear in other threads so no need to beat a dead horse here.

Well what was this comment?





As far as I am aware all Countries are on the same footing for work visa's. There is certainly a difference for tourist visa's, but I doubt of anybody is going to EWI to visit Disneyland?

I know CDJ has slowed down recently, but it certainly was the case when I was going through the process that it was a lot quicker to get a Waiver approved than a K1. Probably not a lot in it at the moment.

Not sure if I misunderstood your comment - did you mean there are probably not a lot of waivers in at CDJ at the moment? They get 10 per day according to the director of DHS in Ciudad Juarez and it's taking around 9 months for approval.

Oops - that was supposed to say 100 per day

A waiver though CDJ used to take 3-6 months, when a K was taking nearly a year, so the waiver was quicker than a K.

In the meantime we need to build a nice big fence and keep them out.

I do feel somewhat sorry for illegal immigrants but not sorry enough for them to allow them to overrun the United States and worsen working conditions for other Americans, which is exactly what they're doing. I'm sick of the US being used as Latin America's release valve because those countries can't get their sh!t together.

Spending over a billion dollars (that’s the figure I’ve heard on the news) on a 700 mile long fence, along the Mexican border will solve all illegal immigrant problems I’m sure. It’s the stupidest thing I’ve ever heard in all of my life! It’s a terrible waste of good tax payer’s money. Wasting money on a fence isn’t going to solve the problem that’s the caveman solution to the problem.

Figuring out why so many people are entering the US over the Mexican border would do a lot more for immigration control than a fence. Finding a way to correct and fix the problem wouldn’t be a bad idea. Engagement and dialogue works a lot better than isolationism, exclusion and criminalization.

There are plenty of people out there in the world starving to death, dying from preventable diseases and eating dog food and god knows what else just to survive. There are plenty of people in the US that don’t have a roof over their heads or can’t afford things like health care (which in this day and age isn’t provided by the government) and the government is pissing away all that money on a fence along a “friendly” countries border. It makes me sick to think about it!

I don’t agree with open door immigration policies, I believe that something should be done to correct the problem. I don’t think for a second those who break the rules and the law should expect or demand anything from the system, no matter what country these undocumented people come from or if they jumped a fence or just jumped their visa to get and stay here. Everyone should have to file the proper paperwork and waiver if needed or voluntarily leave and file their paperwork and waivers back home then return if allowed.

No one should be allowed to jump the line, everyone should be treated the same and pay the fee’s wait out the months if they have to. I jumped through all the hoops, paid the fees and filled out the forms as did a lot of other people here on VisaJourney and I admit it annoys me to think and see that sometimes people get to jump the line. Something more intelligent that beating the problem to death with a club is needed.

URSY, can you give us a break, Trace your family tree son.

Everyone is entitle to seek for information, why are you so naive??? get alife

Sure sounds like you do.

And no positive suggestions.



The vast majority of those entering illegally have no way to enter legally. And last time I looked the longest wait time for somebody who can do it legally was 240 plus months. I usually switch to years in these cases.

"Figuring out why so many people are entering the US over the Mexican border would do a lot more for immigration control than a fence. Finding a way to correct and fix the problem wouldn’t be a bad idea. Engagement and dialogue works a lot better than isolationism, exclusion and criminalization."

Sticking up a fence is positive alright! Talking to people isn't?

I agree.. there is no provision at the minute for the average person to come to the US. I believe reform of the system is badly needed.

Should provision be made available? I don’t know.. That’s up to the people of America if they are willing to have provision made for additional workers, people and families to enter and live in the US from Mexico and other parts of the world. At the minute it doesn’t look like there’s a majority in the US in support of allowing additional people into the country! So build a fence

Why should there be? Why should we just let anyone in who wants to come in? Other countries don't do that, why should we be any different?



Again, why should there be? We've got unemployed people of our own. There are immigration quotas for a reason.

“Should provision be made available? I don’t know..”

Seems to be clear a enough answer to you’re first question! I don’t think just anyone should be allowed in but change is needed. There is a huge number of people already here in the US who legally shouldn’t be. There doesn’t appear to be any motivation to have these people removed and sent home therefore change has to be brought about to fix the situation. A fence on the border isn’t a solution to the problem nor is opening the doors and allowing a free for all.

I never said there should be provision made to allow extra people into the United States. Yes there are unemployed people here in the US.. Thinking that, “they are taking our jobs” is total crap in my honest opinion. I’ve been searching for a job for a while now and I’m getting the feeling I’m being ignored at times due to having come from a different country. I agree with there needing to be quotas but a fence isn’t going to enforce the quotas. Laying down some rules and actually enforcing them this time may in part bring about change.

There could be many reasons why you're having trouble finding a job. I work in I.T. too, and I can tell you that a lot of helpdesk work has been offshored by now. It's much harder to find those kinds of jobs than it used to be. In 1998 when I began my career helpdesk jobs were a dime a dozen. I only know one person in the US still in helpdesking, and he's extremely specialized and makes six figures...and lives in constant fear of his job being shipped off to India. If I were you I'd be working on my next career move. I'm not trying to be bitchy here.

If you want to be in networking but have no certifications, you are at a huge disadvantage. If you have no certs, go get some. Now. Start with A+ and work your way to the MCSE, or do a Cisco cert if that's your thing. The good jobs in I.T. nowadays seem to be software engineering, analyst jobs (like what I used to do), DBAs, and network engineers. Networking's not a bad thing to be in, but you need qualifications. If you have them already, good...but how old are they? If they're from more than a couple of years ago, might want to take a refresher course. If employers see from your resume that you're keen on continuing education and take learning seriously, that will put you ahead of candidates who do 1-2 certs and don't do any more for years.

If you're handing out European-style CVs to American employers, they're probably not getting past the first page. If Irish CVs are anything like British ones they're a few pages long and contain all sorts of irrelevant personal information like your hobbies and your birthdate. Maybe you could use a professional resume writer who can help you tailor your resume to the local market and help you with template cover letters. When I was in charge of choosing interview candidates for an SQA team in Texas, I immediately threw away any resume/cover letter that contained a spelling error. We interviewed foreign people for SQA jobs but since SQA is very detail-oriented work, we definitely didn't want anyone who couldn't get a simple 1-2 page resume right. Employers discard resumes for all sorts of reasons. If you're not getting any nibbles it might be time to call in a pro.

Good luck.

Thanks!

My experience so far here in this part of the world and I’m sure it varies from place to place but there have been quite a few openings for exactly my line of work, various Network Technician, General IT Support jobs and some help desk jobs which are not quite exactly what I do. I’ve applied for not just given away CV’s/Resumes.

I’ve a folder full of certificates, I’ve plenty of experience and I’m looking at getting into classes which could produce results that maybe US employers might find more appealing. Ever since my initial training ended some years ago I’ve been in at least one IT related class or course every year, right up till 2004/05.

I’ve had my wife heavily Americanize, my CV/Resume. It’s almost the same layout as her resume and she’s only been ignored for one job in all the time I’ve known her, her skills at proof reading and the English language masterful.

All I need is time, I'm sure

Sounds like you've been doing everything right, then. Just make sure that the jobs you're applying for are commensurate with your experience. If you apply for something that's beyond the realm of the experience in your resume, they'll ignore you. Ditto if you apply for something that you're overqualified for because they'll think you'll want too much money.

Sometimes it takes time to find the right job. I left a job here in the UK in spring 2005 because I just couldn't take the constant harassment (anti-American harassment) and it took me until nearly December to find another position. I've been there ever since and I don't regret it for a second. It's not a job I'd want to have forever, but there is no way I'd have gained this kind of experience with 'Teach Yourself Blah Dee Blah in 21 Days' sort of manuals. It's been great. Just keep your skills up, make contacts (easier said than done, but it's worth persevering on this...join pro associations, gaming groups, anything that attracts nerds), and keep applying for jobs.

Im sure that by cleaning your damn toilets, working as your maids and janitors,and trash collectores and working in the fields doing REAL HARD LABOR THAT YOU WOULD NOT DO FOR 3 DLS DAY is really worsening your working conditions. Show me a so called AMERICAN who is sad and crying because he cant work in the fields for 3 DLS a day.

Not all of us are fortunate to have made's or janitors. Actually I do not know anybody who does have any. If you can afford a maid pay her the going rate, not rely on 'slave' labour.

The bin man is definetly an American, nice guy, always has a few biscuits for the dog.

The Agricultural bit is somwhat misleading, less than 5% of illegals are involved in that industry and even in CO the minimum wage is a lot more than $3 a day.

In the end it seems that the solution is BUILD A FENCE untill we can all agree on on what to do with illegals.

Boiler you had made a good point a few posts back that illegals are not coming here to visit Disney land.

Build the fence first, then fix immigration problems (which is in ok form I think )
Here is why the immigration system is working fine
-US citizen can bring their spouse and extended family
-Qualified investors, engineers, doctors, buisnessman, sports personalities can come
-LPR can bring their spouse, children. Waiting time long enough to ensure that LPR can learn ' the law of the land US and appreciate it'
-Enough visas to undergraduate, graduate
-5 yrs before citizenship to ensure that all LPR become part of community.
-Enough labor based visas, religious classification
All this ensure all who come to US are background checked, are healthy and can become a contributing member of the US. The country`s wealth and quality of life improves.
-If you dont qualify even in so many categories, then chances are that your coming to US will not benefit the country ( yeah yeah everyone pays taxes. Important thing is to bring value to the country )

Now why should the system change.
Just enforce the laws are present.

Half of Religous Visa applications are fraudulent.

There was a USCIS study recently.

I would chop that category first.

Do you know how many immigrants come here to marry USCs and then send lots of money home? A significant percentage. It's not a characteristic unique to illegal immigrants.

I agree. It is also not a characteristic unique to the US. They do that in australia too.

lol, I will probably get shot, but i don't feel any hostility to those who may have illegally slipped into another country. Chances are that their home conditions were pretty terrible and they did it out of some form of desperation.

The ones who kinda make me feel sick are the people who whine about how they had to wait (usually for under a year) to be with with some loved one and then take some moral high ground.

There is a ton of tragedy and misfortune in this world, many places are underdeveloped and here we are in North America (and other developed countries) living in a land of gluttony, while people are starving and living in extreme conditions.

Does no one watch the news?

There are children who have to pick through garbage 10-14 hours a day to support their families. Anyone with an ounce of empathy should understand that given an opportunity to escape that kind of life, people are gonna take it.