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I have a question I have a family member who came into this country illegally today was taken in by immigration :(  He is married to a US citizen and is adjusting status. what are the possibilities for him?

 

 

please help in need of advice

very gratefully appreciated.

 

(forgive me if it is not clear or I am in the wrong section)

 

Emily 


K1 approved 06/13/2013

AOS approved 02/12/2014
ROC approved 09/14/2016

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3 minutes ago, Mily90 said:

I have a question I have a family member who came into this country illegally today was taken in by immigration :(  He is married to a US citizen and is adjusting status. what are the possibilities for him?

 

 

please help in need of advice

very gratefully appreciated.

 

(forgive me if it is not clear or I am in the wrong section)

 

Emily 

First piece of advice: get a lawyer

second: how did they come illegally?

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Lawyer... all that can be done really. AOS can be done for overstay but only if the person came in legally to begin with.

 

If illegally, or undocumented, their chances are slim without potentially needing a waiver; but still....

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif   vd9wauve2wlsd9fuctxk.gif giphy.gif

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Just now, Ben&Zian said:

Lawyer... all that can be done really. AOS can be done for overstay but only if the person came in legally to begin with.

 

If illegally, or undocumented, their chances are slim.

 

Depending on criminal history, and how long they've been here there may be options.

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Just now, Transborderwife said:

 

Depending on criminal history, and how long they've been here there may be options.

 

True, it is a lot more difficult that is for sure.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif   vd9wauve2wlsd9fuctxk.gif giphy.gif

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Insufficient information, so without the full story including how he entered, criminal history etc best comment was to get a lawyer.

 

Duh read it again and he entered illegally, so he can not adjust status, best bet would be voluntary departure, how long has he been here? Going to assume long enough to require a waiver for illegal presence and whatever else he has.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 minutes ago, Boiler said:

Insufficient information, so without the full story including how he entered, criminal history etc best comment was to get a lawyer.

 

Duh read it again and he entered illegally, so he can not adjust status, best bet would be voluntary departure, how long has he been here? Going to assume long enough to require a waiver for illegal presence and whatever else he has.

You're likely right, but I have heard some saying that they entered illegally using a tourist visa before.

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7 minutes ago, Transborderwife said:

You're likely right, but I have heard some saying that they entered illegally using a tourist visa before.

if that visa was not genuine or was not issued to him he is in a lot more trouble.

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He entered here illegaly crossing the border illegal. Has been here for about 10 years has 2 baby children married to a US citizen. Has a permit to be here while case was pending. IO said it was not enough so it is a bit confussing

 

 

thank you very much for the responses they are all greatly appreciated


K1 approved 06/13/2013

AOS approved 02/12/2014
ROC approved 09/14/2016

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1 minute ago, Mily90 said:

He entered here illegaly crossing the border illegal. Has been here for about 10 years has 2 baby children married to a US citizen. Has a permit to be here while case was pending. IO said it was not enough so it is a bit confussing

 

 

thank you very much for the responses they are all greatly appreciated

If he has indeed been here for 10 years and has kept his nose clean with the law, I'd get a lawyer and consider perusing something called cancellation of removal.  

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There seems to have been an abrupt enforcement priority shift....

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

 

They are giving the impression that anyone they know is eligible for deportation, they'll deport if they walk into a DHS office. Which I sincerely hope is not the case for many, many reasons.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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I'm surprised they even let him start AoS? I mean, I've been reading everywhere that when you come to the US illegally, you cannot do AoS at all.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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3 minutes ago, CatherineA said:

There seems to have been an abrupt enforcement priority shift....

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

 

They are giving the impression that anyone they know is eligible for deportation, they'll deport if they walk into a DHS office. Which I sincerely hope is not the case for many, many reasons.

I thought Obama said he was deporting criminals?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, Roel said:

I'm surprised they even let him start AoS? I mean, I've been reading everywhere that when you come to the US illegally, you cannot do AoS at all.

Anybody can file for anything.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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