Son born in America by illegal mom

[HowieD 0]

Today my wife and I met a family. The husband is a naturalized american citizen and his wife came into the states illegally 6 years ago.

They have a 3 year old son that was born here.

They have spent thousands of dollars for lawyers trying to legalize the wife's stay here.

As their son is an american citizen (born here) and husband is now a citizen too, what can be done to help her get legal with INS? I might also add that they have a restaurant.

I told them that this was a real mess but that I would ask the 'visajourney' group. You all have always been so kind when helping us through the K1 visa process (my wife now has her green card after only 4 months and no interview!)

Thank you all for your kind and sensitive replies.

Howard

Atlanta, GA

[Boiler 43,438]

Assuming she entered illegally once and has no other issues.

He files for her as a spouse, she returns to her country for the interview, refused, files a waiver showing extreme hardship to husband and child if not allowed visa,

But of they have spent thousands of dollars on Lawyers they will know all this, pretty basic stuff.

[HowieD 0]

Thats what I thought. I told them the same thing..

Thanks

Assuming she entered illegally once and has no other issues.

He files for her as a spouse, she returns to her country for the interview, refused, files a waiver showing extreme hardship to husband and child if not allowed visa,

But of they have spent thousands of dollars on Lawyers they will know all this, pretty basic stuff.

[Aussielad 37]

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

[john_and_marlene 162]

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

If she entered illegally (without inspection) there is no option to adjust status.

If she entered legally, but is out of status (overstay/unauthorized work) then she can adjust status.

[Yodrak 7]

Aussielad,

And if she is eligable to adjust status he wouldn't apply for it, she would.

Yodrak

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

If she entered illegally (without inspection) there is no option to adjust status.

If she entered legally, but is out of status (overstay/unauthorized work) then she can adjust status.

[ursy 0]

Aussielad,

And if she is eligable to adjust status he wouldn't apply for it, she would.

Yodrak

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

If she entered illegally (without inspection) there is no option to adjust status.

If she entered legally, but is out of status (overstay/unauthorized work) then she can adjust status.

I know this won't be a popular comment but it is my opinion and I am entitled to it ' I AM SO SICK OF ALL THESE ILLEGAL PEOPLE TRYING TO GET INFORMATION "

[aussiewench 9]

Aussielad,

And if she is eligable to adjust status he wouldn't apply for it, she would.

Yodrak

no, he applies to adjust her status, once shes in here, its best to just file to adjust her status.

If she entered illegally (without inspection) there is no option to adjust status.

If she entered legally, but is out of status (overstay/unauthorized work) then she can adjust status.

I know this won't be a popular comment but it is my opinion and I am entitled to it ' I AM SO SICK OF ALL THESE ILLEGAL PEOPLE TRYING TO GET INFORMATION "

Ones that are illegal are still entitled to information in order to do the right thing. That is often why the questions are asked. There are also many reasons why one is out of status after entering legally.

[sheraz 0]

For once someone pointed out that why are illegals asking so much information. It is very very unfair to those of us who have waited in line for extended periods of time to be cut off by illegals adjusting status. I dont think their is ever any reason to being illegal regardless. Overstay that may be understood but entering the country illegally and then marrying someone who is legal that is quiet dishonest even if the person is green card holders. Green card, US citizen spouses have to wait years. Why do these people want to take the short cut by applying for a waiver

[john_and_marlene 162]

For once someone pointed out that why are illegals asking so much information. It is very very unfair to those of us who have waited in line for extended periods of time to be cut off by illegals adjusting status. I dont think their is ever any reason to being illegal regardless. Overstay that may be understood but entering the country illegally and then marrying someone who is legal that is quiet dishonest even if the person is green card holders. Green card, US citizen spouses have to wait years. Why do these people want to take the short cut by applying for a waiver

The waiver is far from being a shortcut. They will need a petition and wait for an interview like everyone else. In addition to the usual wait time, they will be initially denied at the interview and then file the waiver. There will be considerable wait time following the waiver submission tacked onto the end of the normal timeframe. If they cannot show sufficient hardship with the waiver, they may still be denied a visa.

[Kez/JWolf 6]

They dont take any shortcuts their cases take just as long and sometimes longer (if they need waviers) than everyone else... They are trying to do the right thing so why dont we help them with the information they need....

Kezzie

[Yodrak 7]

sheraz,

And while it may be the 'illegal' alien who is applying for the benefit, the reason they have the ability to apply is the same reason the fiance(e)s and spouses of the rest of us have the ability to apply - they are married to a US citizen.

It's not the alien being granted a favor, it's their USC spouse who is being granted a favor by being told, in effect, we won't kick your spouse out of the country and break up your family as long as they are otherwise admissable. Out of consideration for you, a USC, we will allow your spouse the opportunity to make their case.

Yodrak

For once someone pointed out that why are illegals asking so much information. It is very very unfair to those of us who have waited in line for extended periods of time to be cut off by illegals adjusting status. I dont think their is ever any reason to being illegal regardless. Overstay that may be understood but entering the country illegally and then marrying someone who is legal that is quiet dishonest even if the person is green card holders. Green card, US citizen spouses have to wait years. Why do these people want to take the short cut by applying for a waiver

The waiver is far from being a shortcut. They will need a petition and wait for an interview like everyone else. In addition to the usual wait time, they will be initially denied at the interview and then file the waiver. There will be considerable wait time following the waiver submission tacked onto the end of the normal timeframe. If they cannot show sufficient hardship with the waiver, they may still be denied a visa.

Edited August 17, 2006 by Yodrak

[Satellite 1]

If she entered illegally (without inspection) there is no option to adjust status.

This is not necessarily true.

For example this person might qualify under INA 245i:

http://immigration.about.com/library/weekly/aa121500a.htm

1. Physically present in the United States on December 21, 2000;

2. An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;

3. The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and

Paying the $1,000 penalty fee at the time of filing I-485.

Have an immigration lawyer who specializes in removal defense look at your case. The consultation fee might be all you need to know your fate.

[desert_fox 32]

If she entered illegally (without inspection) there is no option to adjust status.

This is not necessarily true.

For example this person might qualify under INA 245i:

http://immigration.about.com/library/weekly/aa121500a.htm

1. Physically present in the United States on December 21, 2000;

2. An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;

3. The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and

Paying the $1,000 penalty fee at the time of filing I-485.

Have an immigration lawyer who specializes in removal defense look at your case. The consultation fee might be all you need to know your fate.

This was part of the LIFE Act which also authorized K3 visas. I know of some individuals here where I live that qualified and now have their green cards.

But, as you pointed out, the petition had to be filed before the cutoff date back in 2001, and the USCIS cannot accept new petitions by law.

Maybe just hang in there and see what comes out of any now legislation that will be rehashed between the Senate and the House when Congress re-adjouns.

[sheraz 0]

sheraz,

And while it may be the 'illegal' alien who is applying for the benefit, the reason they have the ability to apply is the same reason the fiance(e)s and spouses of the rest of us have the ability to apply - they are married to a US citizen.

It's not the alien being granted a favor, it's their USC spouse who is being granted a favor by being told, in effect, we won't kick your spouse out of the country and break up your family as long as they are otherwise admissable. Out of consideration for you, a USC, we will allow your spouse the opportunity to make their case.

Yodrak

For once someone pointed out that why are illegals asking so much information. It is very very unfair to those of us who have waited in line for extended periods of time to be cut off by illegals adjusting status. I dont think their is ever any reason to being illegal regardless. Overstay that may be understood but entering the country illegally and then marrying someone who is legal that is quiet dishonest even if the person is green card holders. Green card, US citizen spouses have to wait years. Why do these people want to take the short cut by applying for a waiver

The waiver is far from being a shortcut. They will need a petition and wait for an interview like everyone else. In addition to the usual wait time, they will be initially denied at the interview and then file the waiver. There will be considerable wait time following the waiver submission tacked onto the end of the normal timeframe. If they cannot show sufficient hardship with the waiver, they may still be denied a visa.

Yodrak,

Point well taken. I often come across people and listen on talk radio about illegals and walking across the boarder etc. Your reply serves well to explain that