Son born in America by illegal mom

[john_and_marlene 162]

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.

That article was written December 15, 2000 and dealt with rules that applied at the time and expired in 2001. It does nothing for someone that is just now deciding to seek legal status. I stand by my original statement.

[Satellite 1]

That article was written December 15, 2000 and dealt with rules that applied at the time and expired in 2001. It does nothing for someone that is just now deciding to seek legal status. I stand by my original statement.

The date of the article is irrelvent, you can go down to EOIR and hear plenty of cases adjudicated under 245i today. Here is one exmaple.

A qualifying relative, say a sibling filed an I-130 for you 7 years ago. You are still technically waiting for a visa number. However, you decided not wait and entered illegally a year later say in early 2000 and have remained since. Now, today, you go ahead and try to adjust, you will be 245i eligible.

So your blanket rule does not apply to every circumstance of illegal entry as you make it sound.

[seldi 1]

The son can't do anything until he's 21 years old, I believe

[homesick_american 1]

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

I kind of agree with this. It chaps my hide to wait...and wait and wait and wait and wait to do things nice and 100% legal while fence-jumpers who are breaking the law apply for AOS. It's time to seal off the border; it's not even funny anymore, it's a matter of national security.

[John & Annie 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

I kind of agree with this. It chaps my hide to wait...and wait and wait and wait and wait to do things nice and 100% legal while fence-jumpers who are breaking the law apply for AOS. It's time to seal off the border; it's not even funny anymore, it's a matter of national security.

You have Annie's and My concurrence. So I am going to ask all citizens to contact all of their Federally Elected Representatives and get that Fence Bill approved and Funded. The current version going through is not funded, so it will go nowhere.

I do take pity on those that want to contribute to the "American Way". Not the people who take their turn, enter illegally and send most of their money back home.

[Bootylicious!! 2]

As someone who was married to an illegal I can safely say, our journey was not any faster than anyone else's and we didn't get any special treatment. We still had to do the same process as you all did. Plus wait longer because he was denied and we had to file the waiver. Most "illegals" you are talking about "hopping the fence" can't adjust status here. It's very rare you find one who has a petition on file already and qualifies for the AOS rule. Most end up going back to Mexico and waiting out the waiver. Why don't you make sure you have an idea about how things actually work before you go off spouting nonsense.

As for the fence idea, that's not the answer. There are fences already and apparently you all feel they "hop" them all the time to get here. The answer is coming up with some kind of system that allows all immigrants the same opportunities as the next. If it were easier, simpler, and less expensive to receive work visas, I'd venture to say most legitimate immigrants would go this route. I know my husband would have. They know what they do is wrong but for them it's the only option they have at that moment to better their lives and their families lives.

[homesick_american 1]

As someone who was married to an illegal I can safely say, our journey was not any faster than anyone else's and we didn't get any special treatment. We still had to do the same process as you all did. Plus wait longer because he was denied and we had to file the waiver. Most "illegals" you are talking about "hopping the fence" can't adjust status here. It's very rare you find one who has a petition on file already and qualifies for the AOS rule. Most end up going back to Mexico and waiting out the waiver. Why don't you make sure you have an idea about how things actually work before you go off spouting nonsense.

As for the fence idea, that's not the answer. There are fences already and apparently you all feel they "hop" them all the time to get here. The answer is coming up with some kind of system that allows all immigrants the same opportunities as the next. If it were easier, simpler, and less expensive to receive work visas, I'd venture to say most legitimate immigrants would go this route. I know my husband would have. They know what they do is wrong but for them it's the only option they have at that moment to better their lives and their families lives.

I don't agree with throwing the doors open and simply documenting everyone who wants to come to the United States. Immigration to the US should be controlled and numbers of non-family immigrants should be limited.

If you want to see what uncontrolled mass migration is doing to the United Kingdom, I'd love to discuss it with you. You really don't want more of that in the US. Documented or not it has a massive impact that the rest of us do pay for.

[Bootylicious!! 2]

Please don't put words in my mouth. I never said, anywhere in my post, that I agreed with mass migration. I just stated it's much easier for some countries to get work/tourist visas than others. It should be on an equal field. Plus, I don't know about your VJ but our's was pretty darn expensive. So much so that if Javier had tried to do it on his own, never having come to the US, he wouldn't have been able too. I'm sure you realize this, but I'm going say it anyway. Most of the illegal aliens can't afford to come here legally. Thus, the reason they come illegally. As I said before, I'd venture to say they'd do it legally if they had the means to do so.

So, again I say, a fence is not going to fix that problem. The problem will still exist. There needs to be a major immigration overhaul if they want to even think about making a dent in the illegal alien population.

[aussiewench 9]

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

I kind of agree with this. It chaps my hide to wait...and wait and wait and wait and wait to do things nice and 100% legal while fence-jumpers who are breaking the law apply for AOS. It's time to seal off the border; it's not even funny anymore, it's a matter of national security.

There is a big difference between illegals and those that entered legally. For one thing, those that entered illegally cannot adjust status regardless if they are married to a USC.

Those that are illegal, as I stated before, are just as entitled to ask questions about doing things the right way....thus returning to their country of residence, where they will be denied the visa and then able to file a waiver. Waivers, as stated by other members, is not a shortcut as they take quite some time to process and not all are approved.

Off with the blinkers, I say

[diadromous mermaid 36]

I'd just like to add that some 'illegals' were minors that were brought here by their parents and may not even have been aware of the consequences, never mind having a choice in the matter. Kudos to any that want to do something about correcting the situation. I imagine it must be horribly stressful lving that way.

[homesick_american 1]

I'd just like to add that some 'illegals' were minors that were brought here by their parents and may not even have been aware of the consequences, never mind having a choice in the matter. Kudos to any that want to do something about correcting the situation. I imagine it must be horribly stressful lving that way.

If they were brought over by their parents then that's not their fault. But for the rest of them, jumping over the fence was a choice...a choice that has consequences. I think I've made my feelings on this clear in other threads so no need to beat a dead horse here.

[Boiler 43,436]

Please don't put words in my mouth. I never said, anywhere in my post, that I agreed with mass migration

Well what was this comment?

The answer is coming up with some kind of system that allows all immigrants the same opportunities as the next. If it were easier, simpler, and less expensive to receive work visas, I'd venture to say most legitimate immigrants would go this route.

I just stated it's much easier for some countries to get work/tourist visas than others. It should be on an equal field.

As far as I am aware all Countries are on the same footing for work visa's. There is certainly a difference for tourist visa's, but I doubt of anybody is going to EWI to visit Disneyland?

I know CDJ has slowed down recently, but it certainly was the case when I was going through the process that it was a lot quicker to get a Waiver approved than a K1. Probably not a lot in it at the moment.

[kitkat1 5]

I know CDJ has slowed down recently, but it certainly was the case when I was going through the process that it was a lot quicker to get a Waiver approved than a K1. Probably not a lot in it at the moment.

Not sure if I misunderstood your comment - did you mean there are probably not a lot of waivers in at CDJ at the moment? They get 10 per day according to the director of DHS in Ciudad Juarez and it's taking around 9 months for approval.

[kitkat1 5]

I know CDJ has slowed down recently, but it certainly was the case when I was going through the process that it was a lot quicker to get a Waiver approved than a K1. Probably not a lot in it at the moment.

Not sure if I misunderstood your comment - did you mean there are probably not a lot of waivers in at CDJ at the moment? They get 10 per day according to the director of DHS in Ciudad Juarez and it's taking around 9 months for approval.

Oops - that was supposed to say 100 per day

[Boiler 43,436]

I know CDJ has slowed down recently, but it certainly was the case when I was going through the process that it was a lot quicker to get a Waiver approved than a K1. Probably not a lot in it at the moment.

Not sure if I misunderstood your comment - did you mean there are probably not a lot of waivers in at CDJ at the moment? They get 10 per day according to the director of DHS in Ciudad Juarez and it's taking around 9 months for approval.

A waiver though CDJ used to take 3-6 months, when a K was taking nearly a year, so the waiver was quicker than a K.