illegal.

[Sergi9 110]

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 you don't know all the circumstances and in 4 years he might have applied for a drivers license in a state that allows this, or signed an I9 or have a bank account ...and on and on.

FYI to the OP... might want to file I130 now with him in the states, there is some discussion of DHS changing the filing location for I601 to the US. Not sure when and if this will happen, but its been discussed very recently by USCIS.

[Deputy Purple 1,294]

FYI to the OP... might want to file I130 now with him in the states, there is some discussion of DHS changing the filing location for I601 to the US. Not sure when and if this will happen, but its been discussed very recently by USCIS.

Regardless of being able to file a 601 waiver in the US the beneficiary will still have to leave the US for consulate processing as he wasn't properly inspected/paroled/admitted therefore he can't adjust outside of the circumstances Jim listed.

I do agree with filing the paperwork ASAP though.

[Aztec&Taino 144]

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.

Hold your horses! Unless I missed it, the OP NEVER said where the illegal person came from originally! Again, assumptions and stereotypes point to Mexicans... Come on! Not all undocumented persons are Mexicans and not all Mexicans in the US are undocumented (a.k.a. illegal).

[Myopia 93]

Hold your horses! Unless I missed it, the OP NEVER said where the illegal person came from originally! Again, assumptions and stereotypes point to Mexicans... Come on! Not all undocumented persons are Mexicans and not all Mexicans in the US are undocumented (a.k.a. illegal).

Horses are duly held!

This is what the OP said,

Yes, he came under the radar, or jumped the fence

I guess the assumption I jumped to was thinking he was mexican. He could be canadian.

A canadian who came under the radar or jumped the fence.

Actually that would be another assumption. He could be from Honduras,Ecuador or any of the other central/south american countries that would be able to fence jump.

My bad.

[Joan >3 Bob 20]

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.

Illegal is Illegal!! Hopping a fence is the same as driving a car and crashing through the border fence!! What dictionary do you use to find the meaning of illegal!!!!!!!!!

[Damian&Kelly 16]

I don't think it matters where this person is from. No need to argue. I got what I needed, and there's nothing more I can do to help, gave them their options now it's in their court, not sure which way they will go, but most likely which ever way they do, it will involve an attorney since I'm not much help.

Thanks again everyone!