Illegal alien through almost no fault of her own. Is there anything she can do

[ECS 3]

Hello,

Please read my original posts her: http://www.visajourney.com/forums/topic/327877-odds-of-approval/ and here: http://www.visajourney.com/forums/topic/337896-is-this-a-bigamous-marriage/

To make a very long, complicated story short, my estranged wife's daughter is a victim of my estranged wife's twisted tail of lies, deception and fraud. They have basically both been in removal since they have arrived here in the US. The daughter came here at the age of 4 and knows nothing else but american life. It was all due to my wife's lies deception and fraud and the daughter should not be punished for this. Unfortunately, the daughter got caught up in the wrong crowd here in the US to and has an arrest record to include a felony drug charge. She has since cleaned herself up but because of the felony drug charge, Ive been told there is nothing that can be done to fix her situation and if/when she gets found, she will go face the immigration judge and surely be removed. I know the US frowns highly on a number of things that cause them not to even consider waivers but is there any help for this girl? She is now 24 years old and has nothing. cannot work, cannot obtain any kind of identification and with the exception of the drug charge, its not her fault at all as to why she is in this predictament. Sure, drug charges are bad and I am not condoning that, but if her mother did things the right way from the beginning, the daughter would probably have been either a US citizen or a Permanent Resident that a one time drug charge may be able to be overlooked.

Is there any help available for her?

[Brother Hesekiel 2,235]

The U.S. government realizes that children have no say in where parents taken them, which is why unlawful presence is not recorded until the child becomes an adult, which is at age 18. From that moment on the "it's my mother's fault" defense is no longer viable.

A felony drug conviction is indeed a deal breaker, that's correct, and I would not know how the mother can be blamed for that.

I agree, based on the drug-related felony she is even ineligible for any form of the DREAM Act that may or may not come our way. If caught, she will be detained and deported. In her situation, the start of a new life without a criminal record and in a country where she is not an illegal alien is what she should be planing for. A controlled exit is better than one in handcuffs where she would be dropped off in the middle of nowhere with not even a toothbrush in her back pocket.

It's brave to fight as long as there's a chance to win, but it's wise to realize when it's time to withdraw.

Edited November 12, 2011 by Brother Hesekiel

[Boiler 43,648]

felony drug charge

I guess that proves the broken immigration system that she has not been booted out already.

[Noah Lot 387]

Hello,

Please read my original posts her: http://www.visajourney.com/forums/topic/327877-odds-of-approval/ and here: http://www.visajourney.com/forums/topic/337896-is-this-a-bigamous-marriage/

To make a very long, complicated story short, my estranged wife's daughter is a victim of my estranged wife's twisted tail of lies, deception and fraud. They have basically both been in removal since they have arrived here in the US. The daughter came here at the age of 4 and knows nothing else but american life. It was all due to my wife's lies deception and fraud and the daughter should not be punished for this. Unfortunately, the daughter got caught up in the wrong crowd here in the US to and has an arrest record to include a felony drug charge. She has since cleaned herself up but because of the felony drug charge, Ive been told there is nothing that can be done to fix her situation and if/when she gets found, she will go face the immigration judge and surely be removed. I know the US frowns highly on a number of things that cause them not to even consider waivers but is there any help for this girl? She is now 24 years old and has nothing. cannot work, cannot obtain any kind of identification and with the exception of the drug charge, its not her fault at all as to why she is in this predictament. Sure, drug charges are bad and I am not condoning that, but if her mother did things the right way from the beginning, the daughter would probably have been either a US citizen or a Permanent Resident that a one time drug charge may be able to be overlooked.

Is there any help available for her?

An illegal alien over the age of 18 who has accrued unlawful presence cannot file any papers to have that inadmissability waived....there is NO basis for doing so. Her only (remote) chance is to find her 'true love' who is an American citizen and marry him....but of course, such an amazingly well timed marriage would be viewed as a spurious one, carried out to avoid our immigration laws....she has had ample opportunity to return to her own country before (or right after) she turned 18, but failed to do so, besides being involved in the big no-no (drugs) as far as our immigration laws go.

[Brother Hesekiel 2,235]

An illegal alien over the age of 18 who has accrued unlawful presence cannot file any papers to have that inadmissability waived....there is NO basis for doing so. Her only (remote) chance is to find her 'true love' who is an American citizen and marry him....but of course, such an amazingly well timed marriage would be viewed as a spurious one, carried out to avoid our immigration laws....she has had ample opportunity to return to her own country before (or right after) she turned 18, but failed to do so, besides being involved in the big no-no (drugs) as far as our immigration laws go.

She could get married to the brother of the President of the United States, she would still not be eligible for AoS. She would have to leave the U.S. and wait out the 10-year bar. Thereafter she could apply for a spousal visa (as the wife of the brother of the President of the United States) but would be denied because she is inadmissible to the U.S. due to the felony drug charge. She is immediately deportable, inadmissible for life, ineligible even for any form of the DREAM Act that isn't even on the books . . . she is as dead from an immigration perspective as humanly possible.

[Boiler 43,648]

Hmmm

I think Obama could fix it, he did for his Aunt, not sure what is happening with his Uncle.

[Boiler 43,648]

Wrong thread

Edited November 16, 2011 by Boiler