Will a mistake made to keep a struggling family from hitting rock bottom, ruin my sisters life?

[106206 15]

Here is something perhaps a bit unorthodox for them to consider...

If they are fully comitted to making a life together will they agree that should this not work out they will find home & safe haven someplace else, Argentina or otherwise?

That way if they can agree to be together no matter what it will make going through this process a bit less harrowing.

I won't comment on the stolen identity part because others have covered that, and I do not want to rub salt in a wound.

[Alianza Terps 12]

It might be good for them to consider living in another country. To me, it sounds better than the stress and heartache of everything they must be going through. Once he leaves the country though, he may not be able to ever come back...

Edited September 29, 2011 by Alianza Terps

[Ready to do it 101]

He should go get a "great" immigration attorney, not good... "great" immigration attorney, BEFORE he files any forms or contacts USCIS etc. If it were me, I would listen to him/her and solely him/her regarding how to proceed, what to say etc. It is imperative he finds the right "great" attorney. DOn't just go look someone up in the yellow pages. I would not put my future in the hands of random folks on this board. This board is great and serves it's purpose. This is an issue no one here can help him with.

I think pushbrk, Jim, and San Diego have all mentioned reputable immigration attorneys on this board in the past. I would do a search looking for one of those names. Honestly, it's the only thing I would do. After consulting with one of those attorneys he will know his "real" options as this is fairly common. It's also extremely common that a bad attorney takes a lot of money from an illegal and ruins their life for good. He needs a "great" immigration attorney. Do a search on this board for one of the names recommended by the folks I listed above. Good luck.

Edited September 29, 2011 by Ready to do it

[skiptex 225]

breezee.. what state are you in?

[David79 7]

Just to echo what others have said, your sister really really needs to talk to a lawyer before taking any action. Do NOT simply take advice from random people on the net no matter how good it sounds. This is not a simple issue and while you can find good info on the internet it's usually mixed in with a lot of bad. This issue needs to be handled correctly from the start because there may only be one shot to do it right from this point. They need to be TOTALLY HONEST with the lawyer and maybe he can work it out for them.

[Casprd 167]

To throw oil on the fire here, if they are struggling financially, the chances of their being able to afford more than a shyster lawyer are slim. Take EVERYTHING the attorney says with a grain of salt and double check it to death. Their are disreputable attorneys out there (gasp) who will say they can fix their problems, take their money and then say sorry, the ruling didn't go our way. The big problems faced are what has happened since he was 18. Has he filed taxes, Has he anywhere even once indicated he is a US citizen or even an LPR.

I agree with some of the other posts. They need to at least talk about and consider options for living together in another country. it may be a last resort, but if they hash out a plan now then it will be better if things go even more pear shaped. Even if some sort of Dream Act gets passed, the general language is the immigrant would have to be a college student/graduate or serve in the military before being allowed to stay. Sounds like that isn't a good option and waiting for congress to pass any kind of immigration reform is like waiting for the Detroit Lions to win the super bowl. Ain't happening any time soon.

[Channah&Aaron 51]

Save up money to hire a good lawyer!!! This is your only option if you want him to stay in the US although it isn't for sure if he can stay legally.

If I were you, since the chances for him to stay here legally are pretty slim, considder to move to Argentina together, or to whatever country that is close enough to home, yet outside the US Borders.

I hope things will work out like you want them to work out!

Good luck!

[NigeriaorBust 4,087]

Claiming to be a USC is a lifetime ban no wavier possible. If they have mentioned that you are dead in the water

[patient2010 93]

Wow Welcome to VJ and good luck

[Breezee 0]

Thank you so much to everyone who replied, I have linked my sister to this topic and she is slowly taking it all in. All one can do is try... try to make a living, try to support a family, and try to make things work. Striving so hard for happiness is heartache. She would go to the ends of the Earth for this man, so she is now considering taking the money earned and just packing up and leaving with him. Nobody should have to struggle so much... America may be the "land of the free and the home of the brave," but it's still destroying the hopes and dreams of a better life for people day after day.

Bless all of you for replying to this topic. It means a lot to our family.

Take care everyone and good luck on your journey's!

[Ready to do it 101]

I hear ya. It's a tough spot and I have a lot of compassion for folks in their shoes.

Make sure she takes advantage of a free consultation (or inexpensive one) from one of the recommended attorneys on this board, before they leave or do anything. Best to know all your options at front. Good luck.

Thank you so much to everyone who replied, I have linked my sister to this topic and she is slowly taking it all in. All one can do is try... try to make a living, try to support a family, and try to make things work. Striving so hard for happiness is heartache. She would go to the ends of the Earth for this man, so she is now considering taking the money earned and just packing up and leaving with him. Nobody should have to struggle so much... America may be the "land of the free and the home of the brave," but it's still destroying the hopes and dreams of a better life for people day after day.

Bless all of you for replying to this topic. It means a lot to our family.

Take care everyone and good luck on your journey's!

[Deputy Purple 1,294]

America may be the "land of the free and the home of the brave," but it's still destroying the hopes and dreams of a better life for people day after day.

I understand how you feel but I must take exception to the bolded part of your statement.

America, USCIS, you, your sister etc are not responsible for destroying the hopes & dreams of your brother-in-law. His actions and the actions of his parents are what have caused his current situation.

Have you asked them if he ever falsely claimed to be a US Citizen? If he did only on the old I-9 form then he's safe but if he made a documented claim of US Citizenship anywhere else or on the NEW I-9 form then he's toast unless they can qualify for the Hardship Waiver which is the most difficult to get because False Claim to USC is considered the worst transgression by USCIS.

Honestly they probably won't even bother with Aggravated Felony Identity Theft charges as it would require them to prove that he actually knew the SSN belonged to a real person. I would recommend that he stop using it now that he does know it's history though (especially since it has been posted on a public forum).

Some how, some way they need to get an Immigration Lawyer to look at his case.

[Harpa Timsah 13,258]

I agree with the above. I have sympathy for your family but he was here illegally, and he stole someone's identity. America is the land of the free because we have people who know how to follow the rules. If everyone did whatever they wanted to get ahead, including infringing on the rights of other people, we would have a reckless lawless country in chaos. Don't blame America because he broke the law. It's his fault, or maybe the fault of his parents, but not America's.

Edited September 30, 2011 by Harpa Timsah

[Bsze 50]

I agree with the others. While this process is undoubtedly frustrating and stressful for your family, ultimately it is not America's fault that they are in this predicament.

I wish your brother-in-law the best in resolving this issue.

[Robert&Karen 264]

I wonder if his parents gave him a SS card and he just accepted it as fact, not knowing the real laws, as he was a minor. If I were in his place I'd contact immigration and say "My parents gave me this card and now I find out I am not here legally, I never knew these things and how they worked, what do I do?" Criminal intent is very easy to prove if he is still breaking the law after he found out what he is doing is illegal. My guess is that they would tell him to go back to his home country, and if he is indeed seen as innocent and ignorant he may be able to apply for re-entry at a later date. I know one couple who had a similar case and that was the result. I am not saying that is what they WILL do, but I think he has the obligation to make the first move in being honest and up front to even show that he cased about American rules and laws. Every day he works on a fake SS number is one more count against anything working for in your favor.