Out of Status

[frndly1 1]

I have a friend that has been out of status for a many of years and has worked and recently got married . so here are my questions:

Do you think the out of status will go unnoticed?

Do you think they will find out about he/she working while out of status?

Do you think there is a good chance he/she can be deported?

Will anything happen to the spouse?

Thanks

A concern friend

[kc456 0]

Nothing would happen to the USC spouse, that's for sure. On the rest, I would consult an immigration attorney. Good luck to your friends!

[Kez/JWolf 6]

I agree..... your friend needs to seek information from a Immigration lawyer as to how to put things right.....

I do know that some out of status time is forgiven and also some work while out of status.. but I would get legal advice.....

Kezzie

[frndly1 1]

I will pass the info along.

[diadromous mermaid 36]

Nothing would happen to the USC spouse, that's for sure. On the rest, I would consult an immigration attorney. Good luck to your friends!

OP didn't say the spouse was a USC. If that's the case, then it's a whole other ball game!

[kc456 0]

You are right. It was just an assumption on my part.

[diadromous mermaid 36]

I have a friend that has been out of status for a many of years and has worked and recently got married . so here are my questions:

Do you think the out of status will go unnoticed?

Do you think they will find out about he/she working while out of status?

Do you think there is a good chance he/she can be deported?

Will anything happen to the spouse?

Thanks

A concern friend

If your friend married a USC:

Do you think the out of status will go unnoticed? NO~ unless the alien entered without inspection, in which case this will open another can of worms

Do you think they will find out about he/she working while out of status? Yes, but it can be forgiven if married to a USC

Do you think there is a good chance he/she can be deported? Not unless he/she is deportable

Will anything happen to the spouse? Not unless the spouse entered the marriage with the sole intent of aiding the alien.

If your friend married an LPR:

Do you think the out of status will go unnoticed? NO ~ unless the alien entered without inspection, in which case this will open another can of worms

Do you think they will find out about he/she working while out of status? Yes, unless the alien misrepresents the truth on the documents

Do you think there is a good chance he/she can be deported? The alien would be subject to removal or would need to return to homeland to petition to return.

Will anything happen to the spouse? Not unless the spouse entered the marriage with the sole intent of aiding the alien.

But, out of status and unauthorised work IS an issue and is not forgiven for marriages to LPRs.

Edited February 5, 2006 by diadromous mermaid

[frndly1 1]

Thanks everyone, the spouse is a USC.

[frndly1 1]

for those that replied would your answer change if they were here on a tourist visa and worked prior to getting married?

Thanks

[kc456 0]

At this point (overstay and working without DHS authorization) it does not really matter what visa the person came in. But it's definitely better than entering illegally (EWI -- without inspection). In case of EWI, it's not possible to adjust status in the US.

I would still consult an attorney.