Can Someone Who is Illegal Here (Went Over Border) Adjust Status?

[D & M 0]

I am just very curious about that.

Also let's say someone was arrested here, so he has fingerprints on file.

Edited August 14, 2008 by D & M

[Beantownbabe 1]

No, I believe that if you enter the country illegally to begin with, you will not be able to adjust even with marriage to a U.S citizen.

[spookyturtle 9,466]

An illegal entrant cannot adjust status in US by marriage to US citizen. A waiver is necessary and the illegal must return to their home country to file the waiver and remain there while the waiver is pending.

Edited August 15, 2008 by spookyturtle

[Johnnie J 0]

If they cross the border illegally they will not be allowed to stay under any circumstance, banning them from the United States from 5 to 10 years.

The waiver is generally 2 years for long periods of stay legally. Citizens from various countries; Chile is one of those must reside in their home country 2 years before returning to the United States.

[spookyturtle 9,466]

If they cross the border illegally they will not be allowed to stay under any circumstance, banning them from the United States from 5 to 10 years.

The waiver is generally 2 years for long periods of stay legally. Citizens from various countries; Chile is one of those must reside in their home country 2 years before returning to the United States.

With one year of unlawful presence you are banned for 10 years whether you entered legally or not. There is a waiver for this ban if you are the spouse or fiance of a US citizen. Waiver processing times vary by DHS field office. There is no preset time that one must reside outside of the US before they file a waiver. Section 212(a)(9)(B of the INA provides the details for this.

If you enter illegally after one year of unlawful presence, you are banned for 10 years with no possibility of a waiver.

Edited August 15, 2008 by spookyturtle

[D & M 0]

If you enter illegally after one year of unlawful presence, you are banned for 10 years with no possibility of a waiver.

So basically there is nothing this hypothetical person can do, even if this person married his USC (or permanent resident) sweethaht?

[Johnnie J 0]

If you enter illegally after one year of unlawful presence, you are banned for 10 years with no possibility of a waiver.

So basically there is nothing this hypothetical person can do, even if this person married his USC (or permanent resident) sweethaht?

Nope. If that person would have entered legally and married a US Resident he/she would have to leave again and wait for a VISA NUMBER (waiting period around 5 to 7 years) If he/she married a US Citizen they could adjust their status and not have to leave.

[payxibka 10,048]

If you enter illegally after one year of unlawful presence, you are banned for 10 years with no possibility of a waiver.

So basically there is nothing this hypothetical person can do, even if this person married his USC (or permanent resident) sweethaht?

Nope because one of the requirements to adjust is to provide evidence of your current legal status... Without the I-94 and/or the visa in the passport this hypothetical person lacks the required evidence.

PS. The issue of the arrest and fingerprinting does not make any difference... it simply piles on to the equation.

Edited August 15, 2008 by fwaguy

[pushbrk 13,611]

If you enter illegally after one year of unlawful presence, you are banned for 10 years with no possibility of a waiver.

So basically there is nothing this hypothetical person can do, even if this person married his USC (or permanent resident) sweethaht?

Nope because one of the requirements to adjust is to provide evidence of your current legal status... Without the I-94 and/or the visa in the passport this hypothetical person lacks the required evidence.

PS. The issue of the arrest and fingerprinting does not make any difference... it simply piles on to the equation.

Right, kind of a distinction without a difference taking the answer from "no" to "hell no" but the result is the same.

[NavarreMan 10]

I'll refrain this time...

[spookyturtle 9,466]

So basically there is nothing this hypothetical person can do, even if this person married his USC (or permanent resident) sweethaht?

They can leave the counrty and file a waiver in their home country. If the waiver is approved, they are issued a visa and can enter the US. There is no way to become legal while still here, but if they leave and are sucessful in the waiver process, they can become legal.

Edited August 15, 2008 by spookyturtle

[spookyturtle 9,466]

I'm just trying to say that there is an option for someone who is in this situation to become legal. It's not easy and it's not fast and it may require the use of a lawyer, so it won't be cheap. If you go over to immigrate2us.net. there is a wealth of knowledge on the subject.