U.S RESIDENT DOES NOT WANT TO FIX WIFE'S STATUS

[AlejandroEsther 1]

My aunt married a U.S Citizen 25 years ago. He did not want to help her fix her status because he said she was going to leave him. All these years he has threaten her to call immigration on her when he gets mad. Does anyone know if there is a form that applys to your husband not fixing your status so I can help apply for in this case?

Edited February 25, 2015 by AlejandroEsther

[aleful 1,905]

hi

no, unfortunately she can't force him to file for her.

[Merrytooth 5,748]

Does the Aunt has US citizen kid at least 21 years old?

[pepper44 18]

Is she Cuban? If she is.. can't she do it on her own due to the US laws for Cubans? I'm just throwing out ideas, I have no clue if that would apply when married.

[john_and_marlene 162]

Adjustment of status is not an application by the US citizen. She has the responsibility of filing to adjust her status.

Yes there is a form that she can file--I-485.

[john_and_marlene 162]

I guess he would still need to file an I-130

[NikLR 13,220]

~~moved to AOS from work, tourist and student visas from AOS from family based visas as it doesn't sound like she ever came on a k1~~

[N-o-l-a 7,167]

I guess he would still need to file an I-130

Depends on whether she is eligible under the Cuban Admissibility Act http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-cuban-native-or-citizen

I'm guessing not since it wasn't already filed.

[I AM NOT THAT GUY 5,715]

My aunt married a U.S Citizen 25 years ago. He did not want to help her fix her status because he said she was going to leave him. All these years he has threaten her to call immigration on her when he gets mad. Does anyone know if there is a form that applys to your husband not fixing your status so I can help apply for in this case?

If she came to the US after 1982, no.

[vivian2014 1]

My aunt married a U.S Citizen 25 years ago. He did not want to help her fix her status because he said she was going to leave him. All these years he has threaten her to call immigration on her when he gets mad. Does anyone know if there is a form that applys to your husband not fixing your status so I can help apply for in this case?

you need ask a lawyer about this .i have heard that us citizen husband wont fix alien wifes status case before .those woman divorced and filed for her own AOS.as long as marriage is bona .No point to live a life full of threaten like that ,your aunt really need to change it ,there must be ways!

[aaron2020 11,651]

you need ask a lawyer about this .i have heard that us citizen husband wont fix alien wifes status case before .those woman divorced and filed for her own AOS.as long as marriage is bona .No point to live a life full of threaten like that ,your aunt really need to change it ,there must be ways!

Please do not give out wrong info and cover yourself with a you might want to ask a lawyer.

This is not possible without an underlying I-130.

[JohnR! 5,495]

The best way for her to get her status in order is for him to file for her. All he needs do is sign the I-130. This might be one of those situations in which she might wish to remind him that calling immigration on her would be a very bad idea for him. He is committing a crime by keeping her in the country illegally. He is as punishable as she is and even if caught, chances are she would not be deported, whereas the penalties for him would me more immediate. For the record, I'm not suggesting blackmail, so much as an honest conversation explaining the facts.

http://www.americanpatrol.com/REFERENCE/AidAbetUnlawfulSec8USC1324.html

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

You may want to actually get a lawyer talk to your aunt's husband and explain to him the legal consequences of what he is doing. There must be some level of reasoning that can be reached. If i were you, I'd fill out the I-130, put it in front of him and reason with him until he signs it. Get involved.

My aunt married a U.S Citizen 25 years ago. He did not want to help her fix her status because he said she was going to leave him. All these years he has threaten her to call immigration on her when he gets mad. Does anyone know if there is a form that applys to your husband not fixing your status so I can help apply for in this case?

[Merrytooth 5,748]

The best way for her to get her status in order is for him to file for her. All he needs do is sign the I-130. This might be one of those situations in which she might wish to remind him that calling immigration on her would be a very bad idea for him. He is committing a crime by keeping her in the country illegally. He is as punishable as she is and even if caught, chances are she would not be deported, whereas the penalties for him would me more immediate. For the record, I'm not suggesting blackmail, so much as an honest conversation explaining the facts.

http://www.americanpatrol.com/REFERENCE/AidAbetUnlawfulSec8USC1324.html

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

You may want to actually get a lawyer talk to your aunt's husband and explain to him the legal consequences of what he is doing. There must be some level of reasoning that can be reached. If i were you, I'd fill out the I-130, put it in front of him and reason with him until he signs it. Get involved.

Really? It is a crime by keeping her in the country illegally?

The US govt is keeping millions of illegals in US and the US president even grants them DACA and DAPA!

[JohnR! 5,495]

Here is the complete text:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

1907 Title 8, U.S.C. § 1324(a) Offenses Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3). Alien Smuggling -- Subsection 1324(a)(1)(A)(i) makes it an offense for any person who -- knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien. Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law. Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation. Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses. Bringing Aliens to the United States -- Subsection 1324(a)(2) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens). Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs. Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient. Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses. COMMENT: Further discussion of offenses defined in 8 U.S.C. § 1324(a) is set forth in Chapter 3 of Immigration Law, published as part of the Office of Legal Education's Litigation Series, and as part of the USABook computer library.

Really? It is a crime by keeping her in the country illegally?

[Merrytooth 5,748]

lol... the illegals protesting outside the white house are not arrested for being illegals in this country.

Criminal illegals are released back to the communities instead of getting deported.

Nah... Nothing will happen.