illegal.

[Damian&Kelly 16]

I have a friend who's boyfriend came here to the US, 4 years ago illegally. Is there anything he can do to become legal? Can he marry and apply for a green card?

[Little_My 463]

When you say "came here illegally" what exactly do you mean? There is a big difference between coming illegally, or "hopping the fence", so to speak - and coming here with a valid visa and then overstaying.

[Maxximus1074 14]

yup, I agree....illegal would mean that this person came underneath the radar, ditched the border control, whether by land or by airport and didn't get inspected by immigration upon their arrival .....

in order for us to give you advice you need to get some more info from your friend as Mrs. Finland-USA already pointed out - if they came to the US With a visa what type, have they been tourists with the visa waiver program? etc.

Let us know so we can reply with our thoughts

M.

[JimVaPhuong 4,863]

I have a friend who's boyfriend came here to the US, 4 years ago illegally. Is there anything he can do to become legal? Can he marry and apply for a green card?

Sure, he can marry her and apply for a green card. Along with the green card application, he'll have to include proof that his wife abused him. Does he have any proof like that?

Another option is asylum or refugee status. Think he qualifies for either of those?

Other than those two options, no - someone who entered illegally cannot adjust status and get a green card, not even through marriage to a US citizen.

[Damian&Kelly 16]

I didn't think so. Yes, he came under the radar, or jumped the fence, this isn't a case of over staying a visa, as I know most the options for that.

Thanks for all your help!

I'm trying to help a friend out, and I think it's going to come down to them hiring an attorney as I didn't know what to do though will an attorney do anything in this case?

[VanessaTony 3,567]

I didn't think so. Yes, he came under the radar, or jumped the fence, this isn't a case of over staying a visa, as I know most the options for that.

Thanks for all your help!

I'm trying to help a friend out, and I think it's going to come down to them hiring an attorney as I didn't know what to do though will an attorney do anything in this case?

nothing he can do. He can't adjust because he entered without inspection. Well there are ways for people who EWI'd to adjust but it depends on their personal circumstance. I am not comfortable outlining them as it would open the door to fraud in order to gain the "special circumstances" to adjust. If your friend just wants to adjust based on marriage to a USC that's not possible. There are special reasons that you haven't mentioned so no. He should go home and enter legally.

[katgrl 14]

As you know now, there is no short-cut way to obtain a green card through marriage for someone who EWI (enters without inspection) except for a few exceptions in which most people do not qualify. Basically, for him to gain legal status, he will end up departing the country and he and his girlfriend will have to file waivers and show hardship, if they become married or engaged. It's two separate processes. If he entered illegally only one time and has no other aggravating factors, it can be done. It does also take time and effort, and without a doubt he will have to leave the USA. Have them check out immigrate2us.net as they will find tons of info there for this kind of circumstance.

[katiemanny 64]

Tell your friend go back to his home country and don't tell anybody, that way he might have a better shot.

[Myopia 93]

Tell your friend go back to his home country and don't tell anybody, that way he might have a better shot.

A better shot at being banned from the US for life for material misrepresentation? He will have to mention his illegal entry.

He can file for the spousal visa and then he will have to leave to Mexico and file the I-601 waiver from there.

Edited April 15, 2011 by Myopia

[sara..... 371]

Just a question running thru my mind.....but even if he went home with out being caught would it not still create a problem if they answer how you met honestly on the petition? How long they have known each other ....proof of relationship and all that?

If they dont answer honestly that creates another problem if they get caught lying.....

sara

[Boiler 43,450]

It depends on his circumstances.

If all he has is illegal presence and is from Mexico they could go through the K1/CR1 route and he would only be gone a week or so.

Then there is VAWA and the U Visa, and COR but he would have had to have been here for 10 years for that.

And 245i, but that would need a petition to have been filed for him many years ago.

So which Country is he from?

Does he have any other issues?

[JimVaPhuong 4,863]

I didn't think so. Yes, he came under the radar, or jumped the fence, this isn't a case of over staying a visa, as I know most the options for that.

Thanks for all your help!

I'm trying to help a friend out, and I think it's going to come down to them hiring an attorney as I didn't know what to do though will an attorney do anything in this case?

Sure, an attorney can be greatly helpful in emptying their savings account. Aside from that, there's isn't anything an attorney can do. They can't change the law. There are only a handful of ways that an EWI can adjust status, and the overwhelming majority of people aren't eligible for any of them. I mentioned a couple of those ways, and Boiler reiterated and added a couple more.

VAWA - Need to be married to a US citizen or LPR, and abused by that US citizen or LPR spouse while in the United States. This requires compelling proof that the abuse occurred, and they DO look for evidence that the abuse charges were trumped up in order to make a case for immigration. The bar of suspicion is raised substantially when the applicant is an EWI facing a 10 year ban if they leave the US.

Refugee/Asylum status - About as rare as hen's teeth. Basically, they have to prove they have a credible fear of persecution if they are returned to their home country or their last country of residence. You must apply within a year of entering the US unless you can prove there were extraordinary circumstances that prevented you from applying.

U visa - This is for victims of certain types of crimes who have been helpful with investigations by US law enforcement agencies in prosecuting those crimes. This requires a certification from the law enforcement agency they assisted.

Cancellation Of Removal (COR) - Must have been present in the US for at least 10 years, have a squeaky clean criminal background, and prove extreme hardship to a qualifying relative in the US if they are removed.

245(i) - Call Mr. Peabody and Sherman to fire up the WayBack Machine. They need someone to have filed an approvable immigrant visa petition for them before April, 2001.

As long as we're in fantasy land...

Presidential pardon - The President of the United States issues an executive order forgiving the EWI.

Congressional Act - The Congress of the United States passes a law, and the President signs it, providing a specific exception to the law for that person.

[Damian&Kelly 16]

Thanks everyone. I don't personally know this person, just my mother sends anyone with immigration issues to me. I don't know why as K-1 was so straight forward! I answered in the same way everyone here did but I wanted to double check myself before giving explanations.

[katiemanny 64]

A better shot at being banned from the US for life for material misrepresentation? He will have to mention his illegal entry.

He can file for the spousal visa and then he will have to leave to Mexico and file the I-601 waiver from there.

I'm not trying to give advice against VJ's policy but If he entered under the radar, he may leave under the radar because no one knows of his presence in the US except for his relatives. How DHS will find out he had an illegal entry into the US without him disclosing it.

[Amy and Nick 37]

I'm not trying to give advice against VJ's policy but If he entered under the radar, he may leave under the radar because no one knows of his presence in the US except for his relatives. How DHS will find out he had an illegal entry into the US without him disclosing it.

Because when he is asked if he's ever been to the US, he will have to disclose it.

I also imagine that the majority of their bonafide evidence would be USA based, as I imagine he hasnt left the country in 4 years.

Try explaining a photo of the two of them in front of the Statue of Liberty, when he has supposedly not been to the States