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HowieD

Son born in America by illegal mom

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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

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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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


Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

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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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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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.

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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 "


May 2001 Met online

May 2005 Finally Made first visit

May 2006 Second visit

]uly 17, 2006 mailed I-129F to TSC

July 18, 2006 received delivery notification from USPS

July 21, 2006 NOA1 mailed from CSC

July 26, 2006 NOA1 received from CSC

Oct 20, 2006 NOA2

Nov 15 2006 Left NVC

Mar 1 2007 Interview Date

Mar 6 2007 Visa Granted

Mar 17 2007 JfK POE (enjoyed NY for a week)

Mar 25 2007 Arrived in the my cityb]

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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.


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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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

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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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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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

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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 by Yodrak

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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.

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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.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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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

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