PLEASE HELP

[Brainstormer 13]

With all that's going on with the news and Trump in office, your best bet is to contact the immigrant advocate agencies for help, maybe contacting the aclu to see what other organizations can offer free legal help.  I remember hearing on the news a while back California setting up a fund to help people who are illegal aliens fight deportation.  If he's already in ICE's hands, most likely he will be deported based on what's reported in the news.  

[Roel 7,191]

But on the other hand...

If you're in the US illegally, you should always remember you can be deported any time. Sorry, that's the price you pay. Fighting the deportation of illegals seems kind of silly...

[geowrian 22,335]

8 minutes 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

He needs a good attorney. He likely has no legal right to stay in the US, but it's possible he could qualify for a cancellation of removal request. It doesn't guarantee anything for qualifying, but it's a chance to present his case.

 

http://jgoldlaw.com/services/cancellation-of-removal-for-non-permanent-residents/

[Transborderwife 4,666]

1 minute ago, Roel said:

But on the other hand...

If you're in the US illegally, you should always remember you can be deported any time. Sorry, that's the price you pay. Fighting the deportation of illegals seems kind of silly...

Not really if there's a way like cancellation of removal.  That's like saying "well my k1 wife was out of status and got caught at a checkpoint...guess I shouldn't fight it"

[Roel 7,191]

Sure. But there is also a different between out of status wife and someone who illegally "jumped" over the border. Dunno. Good luck to the OP.

[geowrian 22,335]

4 minutes ago, Roel said:

But on the other hand...

If you're in the US illegally, you should always remember you can be deported any time. Sorry, that's the price you pay. Fighting the deportation of illegals seems kind of silly...

If you have legal recourse to fight it, and it's somebody you know and care about, then yeah...why not fight it?

[Boiler 43,433]

CoR is unusual and certainly on the very limited information available here it is impossible to say if it could apply.

[Ben&Zian 4,397]

Probably will deny his AOS, tell him go home and he can immediately apply for a waiver, then be banned once he leaves the country. Pretty typical tricky system we have here haha

[Prystine 184]

I know the OP is here for help; however, the person they are asking for is here ILLEGALLY it doesn't matter the amount of time that they have been here for, illegal is still illegal and they should be deported as they did not follow the rules to come her in a legal manner. Trying to AOS when you are here illegally will most likely be denied as AOS is for those that enter the USA legally. 

[Transborderwife 4,666]

4 minutes ago, Prystine said:

I know the OP is here for help; however, the person they are asking for is here ILLEGALLY it doesn't matter the amount of time that they have been here for, illegal is still illegal and they should be deported as they did not follow the rules to come her in a legal manner. Trying to AOS when you are here illegally will most likely be denied as AOS is for those that enter the USA legally. 

Yes, illegal is indeed illegal, but the path of cancellation of removal and in some cases asylum are occasionally worth pursuing 

[geowrian 22,335]

15 minutes ago, Prystine said:

I know the OP is here for help; however, the person they are asking for is here ILLEGALLY it doesn't matter the amount of time that they have been here for, illegal is still illegal and they should be deported as they did not follow the rules to come her in a legal manner. Trying to AOS when you are here illegally will most likely be denied as AOS is for those that enter the USA legally. 

First, anybody who has overstayed a visa is also here illegally. However, many times they do have legal options to avoid deportation. Whether or not they "should" be deported is not relevant to the OP's question. Your personal opinion of the law does not constitute a valid application of the law. I agree that unlawful entry is something that (generally) shouldn't be permitted to obtain LPR status, but my personal opinion doesn't help the OP.

 

Entering the US illegally is definitely viewed (both by people and the law) a more serious offense. There are very few legal options in comparison to other forms of unlawful presence...hence why many/most people here suggest getting a good attorney. That said, there are potentially legal avenues to take, and providing guidance on the next steps is in line with the OP's question.

 

Edit: And yes, the amount of time they have been in the US does absolutely matter.

Edited February 9, 2017 by geowrian

[ConOfficer 167]

Little chance he's going to get asylum after 10 years outside his county (well depending where he's from).

 

Cancellation of removal isn't that great an option either. If he's married to an AmCit he has a clear path to becoming an LPR. 

 

He can file for an I-601A waiver of unlawful presence through USCIS. Unless he has a criminal history he's a low priority for deportation and ICE will probably agree to terminate proceeds to allow him to pursue his waiver and consular processing. He has to leave the country for his interview and hope DOS doesn't discover any other ground of ineligibility during the interview stage.

 

If ICE doesn't agree to terminate proceedings they will probably offer voluntary departure. He would probably ending up having to wait several months in his country until an I-601 waiver comes through. 

 

You do have to consider that the new administration may take a harder line on waiver applications and removal proceedings. From what I've seen waivers were regularly denied during the Bush admin but seem to have been almost universally approved during the last several years of the Obama admin. 

[aaron2020 11,651]

Anyone can file for AOS.  USCIS accepts the application and cashes the check.  It doesn't mean that the person is eligible.  It only means that the application will be processed.  

 

The AOS will be denied since the person entered illegally.

 

Being married to a US citizen with US citizen children means nothing.  

 

This is not a DIY.  GET A QUALIFIED LAWYER NOW.

 

Here's a news article from today where the deported person entered illegally and has USC children.

 

The rules have changed.  Obama's discretion to not deport non-criminal undocumented immigrants is DONE.  GONE.  The Drumpf has promised to deport all 11 million undocumented immigrants, and he is doing it.  New administration means new rules.

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?_r=0

Edited February 10, 2017 by aaron2020

[Boiler 43,433]

22 minutes ago, aaron2020 said:

Anyone can file for AOS.  USCIS accepts the application and cashes the check.  It doesn't mean that the person is eligible.  It only means that the application will be processed.  

 

The AOS will be denied since the person entered illegally.

 

Being married to a US citizen with US citizen children means nothing.  

 

This is not a DIY.  GET A QUALIFIED LAWYER NOW.

 

Here's a news article from today where the deported person entered illegally and has USC children.

 

The rules have changed.  Obama's discretion to not deport non-criminal undocumented immigrants is DONE.  GONE.  The Drumpf has promised to deport all 11 million undocumented immigrants, and he is doing it.  New administration means new rules.

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?_r=0

Father is illegal

 

Wonder if the family has reunited?

[Cyberfx1024 7,978]

1 hour ago, aaron2020 said:

Anyone can file for AOS.  USCIS accepts the application and cashes the check.  It doesn't mean that the person is eligible.  It only means that the application will be processed.  

 

The AOS will be denied since the person entered illegally.

 

Being married to a US citizen with US citizen children means nothing.  

 

This is not a DIY.  GET A QUALIFIED LAWYER NOW.

 

Here's a news article from today where the deported person entered illegally and has USC children.

 

The rules have changed.  Obama's discretion to not deport non-criminal undocumented immigrants is DONE.  GONE.  The Drumpf has promised to deport all 11 million undocumented immigrants, and he is doing it.  New administration means new rules.

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?_r=0

 

The difference with that case and this case is that she was actually caught working and had used someone else's identity to get that job and to keep working. So she had a trial in 2009 and Plead Guilty on that charge which was a felony. She was then issued a Deportation Order in 2013 and has been checking in every six months since then. She tried to fight the deportation order and appeal it but was denied. So now we have an administration that actually is following the rule of law and she was deported.

 

She was convicted of a crime thus a criminal and should have been deported.