I'm new to this and need advice!

[Nicole526 0]

Hello Everyone! Thanks you in advance for taking th time to read this and helping out if you can. My boyfriend came here from Guatemala in 1999. He was deported in 2000 and returned illegally in 2001. I don't need immigration lectures so please only helpful advice thanks! Anyway, we have a child together and want to get married. We saw a lawyer and she said get married here and we will apply for the waiver. I was always under the immpression we should marry in Guatemala, but the lawyer said it doesn't really matter. She said she has always been approved, but my big fear is that he will go to Guatemala and not be able to return. I am so terrified of this. I am willing to go to Guatemala for awhile to be with him, but because of my daughter and all I have heard about Guatemala lately I am terrified of this also. Anyone know how long he will have to stay there and if there is a chance he won't be allowed to come back??

We want to do whats right but I am scared of losing him.

[Bobby+Umit 161]

If he leaves the country to get married, he will probably incur a 10 year ban (due to the overstay) trying to come back in the country.

Search this forum for other cases similar to yours.

Best bet is to stay in the US, marry, AOS, and wait for greencard before trying to leave.

[Bobby+Umit 161]

Ach - missed the part where he entered illegally - so he didn't overstay. (need a valid visa to "overstay")

That complicates matters.

[Chica Yeyé 41]

And even then, chances are he did incur in at least a 3 year ban; am I correct?

[Hell0W0rld 10]

you'll need an attorney, do your research, interview a few, if any lawyer claimed to be successful, ask to see the actual cases before hiring.... that lawyer you are talking to right now doesn't seem to know anything. I think you'll need more then a waiver if he was deported then entered illegally...

[Bobby+Umit 161]

Found this:

Foreign Nationals Entering The U.S. Without Inspection

If a foreign national entered the U.S. illegally, and was not examined by an immigration officer, he/she is not eligible for adjustment of status. This applies even to foreign nationals married to U.S. citizens or to foreign nationals who have a U.S. citizen as an immediate relative

Source: AOS

But, if the person marries an USC, then they are considered "immediate relatives" and can AOS.

OVERSTAYING VISA & ENTRY WITHOUT INSPECTION:

What are the consequences of overstaying one's nonimmigrant status?

Individuals who have overstayed their nonimmigrant status are not eligible to change or extend their status

from within the U.S. In addition, except for immediate relatives, such individuals are ineligible to adjust

status to lawful permanent residence (except certain individuals who were "grandfathered-in" under INA §

245(i) which allows for adjustment with the payment of $1000 penalty). There are serious consequences for

overstaying nonimmigrant status.

(1). An overstay of any duration results in a requirement that from that day forward these individuals

must return to their home country in order to obtain visas of any kind, therefore, barring them from

third country processing.

(2). An overstay of more than 180 days bars individuals from re-entering the U.S. for a 3 years. An overstay

of more than one year bars individuals for a period of 10 years. Individuals in J-1 or F-1 status with I-

94s that are designated "D/S" are not impacted by these consequences unless USCIS has made a separate

determination that they have overstayed their status.

***NOTE: these bars are not triggered until an individual has departed the U.S.

Source: Even more AOS dust

So - if he leaves, ban time.

[scandal 951]

I don't need immigration lectures so please only helpful advice thanks!

Ok, I will try not to lecture, but the inherently illegal predicament you find yourself in will make it tricky for anyone to give you advice without it sounding like a lecture.

We want to do whats right but I am scared of losing him.

I appreciate the very human drama that is being played out for you. I feel for you, your child and your husband.

From your post, it appears that you are a USC, met your husband after he entered the country illegally and that you had no part in his illegal acts. You and your child have my sympathy. However when you write "We want to do what's right", I suppose the "right" thing to do, from a US Immigration standpoint, is to come clean with the law and face the consequences. That may very well be unpleasant for your family since it will likely involve a forcible family separation, a ban on your husband's entry into the US, or your needing to relocate the family to Guatemala, or some combination of the above. If none of those are palatable to you then I am not sure you can do "what's right". You are in the shadows now, and have been for years. You can draw your own conclusions of what the "right" thing is to do. I personally will NEVER advocate that you or anyone should commit an illegal immigration action, or continue in an existing illegal situation.

Just about everyone on this site is patiently pursuing legal immigration to the US, often for very long waiting periods. I think you won't find a lot of sympathy here for those who entered illegally and jumped the line.

If you are going to successfully adjust his status to legally staying in the US, you will most likely need expert legal assistance. This is by no means a routine immigration case.

[Bobby+Umit 161]

And even then, chances are he did incur in at least a 3 year ban; am I correct?

He is well past one year - so 10 year would be the minimum.

Granted, if the AOS is approved, and he gets the greencard, it will not affect him. If the AOS is not approved, and they send him home, the ban will become fact most likely, and he would have to get a waiver at that time.

Edited April 21, 2009 by Bobby_Umit

[KimandRuss 0]

Alens who entered the US illegally (EWI) are usually not eligible to file for Adjustment of Status. "overstay" on a valid visa is much different than EWI.

If he leaves he will incur (at least) a 10 year ban.

Immigrate2US.net has some great resources for the I-601 waiver.

[^KK^ 3]

I have no advice to add...I wish you the best with the waiver.

[Bobby+Umit 161]

Alens who entered the US illegally (EWI) are usually not eligible to file for Adjustment of Status. "overstay" on a valid visa is much different than EWI.

If he leaves he will incur (at least) a 10 year ban.

Immigrate2US.net has some great resources for the I-601 waiver.

True, but it's been pointed out to me that in the handbook for USCIS, as long as they get married to an USC (in the US), they normally are forgiven. (even with EWI)

As long as there are no other factors that would prevent the AOS that is.

Has to do with that pesky "immediate relative" part.

[Bobby+Umit 161]

Waiver would need to be granted - found more info:

d) have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain agreen card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being "inspected and admitted or paroled into the United States."

Souce: AOS III info

So - you will need a very good lawyer skilled in this.

Good luck!

[KimandRuss 0]

Here's a good link from immigrate2us that should be helpful.

I still believe it's highly unlikely but wish you the best.

[Bobby+Umit 161]

Here's a good link from immigrate2us that should be helpful.

I still believe it's highly unlikely but wish you the best.

\thanks for the link - knowledge is power

EWI from your links provided

Edited April 21, 2009 by Bobby_Umit

[JERIII 8]

Before we all jump to conclusions.

Original Poster-

what exactly do you mean when you say he "entered illegally?"