Unique situation..illegal alien for 20 years

[cutie bear 2]

my best friend's eldest sister lives here in the US for almost 20years now and we touchbase last month. back in high school, she was like my big sister and she's really kind! I was surprise when she told me that she was an illegal alien and she's not yet a citizen. She's now married to a Filipino who became a US citizen years ago. the plan is that her husband will apply for citizenship and once approved he will petition her. that didnt materialize for some personal reasons and now they are heading to splitsville. She's earning a lot compared to her husband and her fear is when she filed for a divorce, her husband might call the immigration and she will end up being deported to Philippines. They dont have any children. I feel so sorry for her and wanted to help her.

Her mom who became a greencard holder last year or 2 years ago, learned about this and is now planning to apply for US citizenship so she can petition her daughter and become a US citizen. is this a feasible plan? if her mom petitions her, does she need to go back to the Philippines? or can she stay here???

I told her about this site but she said she has no time to read and go through all the forum so she gave me the go-signal to post her story and get some inputs from you guys.

Please share some of your thoughts or experiences if you have any.

Thanks!!!

Edited March 5, 2012 by cutie bear

[Mike X Man 37]

Most important question is how she came into the US. This info. was not provided.

[Luv2travel 0]

It can be done, you just have to hire a really good lawyer.

[cutie bear 2]

Most important question is how she came into the US. This info. was not provided.

She came here thru a B1 visa.

It can be done, you just have to hire a really good lawyer.

That's what I told her, she has to start looking for a good immigration lawyer before things goes really bad with her busband

Edited March 5, 2012 by cutie bear

[Harpa Timsah 13,258]

Overstay is not forgiven for adult children of US Citizens.

[cutie bear 2]

Overstay is not forgiven for adult children of US Citizens.

does this mean she will be deported?

[Deputy Purple 1,294]

does this mean she will be deported?

Yes, but that must not bother her too much as she can't find the time to look into it for herself.

Also, all of the illegal employment isn't forgiven for adult child of a US Citizen.

Has she been filing taxes all these years or is she also guilty of Tax Evasion which is a federal offense?

Edited March 5, 2012 by Bob 4 Anna

[aaron2020 11,651]

Overstay is not forgiven for adult children of US Citizens.

does this mean she will be deported?

It means that her mom becoming a US citizen is not going to help her.

Your friend's sister has violate US immigration laws for the last 20 years. She is violating US laws every day that she is here. She is continually violating US immigration laws. That is not going to be ignored when she seeks to benefit from those same immigration laws.

If she was married to a US citizen, then her violation of US immigration law by overstaying her B-1 visa would not be a problem.

A US citizen mother is not going to help her case. First, it takes 15 years for a US citizen to petition for an unmarried Filipina child over age 21. So, she can't even apply for a green card for another 15 years. Second, her unlawful overstay is not going to be ignored or forgiven with a US citizen parent.

Essentially, your friend's sister has no basis for adjusting her status or remaining in the US legally. Even if her US citizen mother petitions for her, she can be arrested and deported.

Her only chance of ever being legal in the US is marriage to a US citizen who is willing to apply for her.

Edited March 5, 2012 by aaron2020

[Deputy Purple 1,294]

Moved from "US Citizenship General Discussion" and this is really asking about adjusting status.

Edited March 5, 2012 by Bob 4 Anna

[Leatherneck 693]

Being in California, even if the husband gave immigration her address, they will not show up to take one individual into custody. She has bigger worries than a knock on her door, she better do herself a favor and not be included on any petition by her mother.

[Brother Hesekiel 2,235]

The good news is that she is NOT an illegal alien. So let's this get out of the way first. Let me tell you what the difference between an illegal immigrant and somebody who is out of status is.

Out of Status vs. Illegal Immigrant

Somebody who came legally to the U.S. is NOT, I repeat NOT, an illegal immigrant. Such a person is "out of status."

1) Out of status Somebody who entered the U.S. "with inspection" which means with a visa or as part of the VWP. Such a person applied for a visa at the U.S. consulate in their home country. They had an interview and needed to submit a police certificate. They were issued a visa and then they were inspected again before being "admitted" to the U.S., at which time they received an I-94 (Entry/Exit) form in their passport.

The U.S. government knows everything about them; their name, their parents’ name, their birth day and birth place, their criminal history, work history, and even where they are staying in the U.S.

2) Illegal immigrant

Entered the U.S "without inspection" (EWI) by hopping a fence, swimming through the Rio Grande, or hiding in the trunk of a car. The U.S. government knows absolutely nothing about them. Not-a-thing. They could be mass murderers or serial child rapists, drug smugglers or worse.

The difference is easily explained by comparison:

You are having a party. You invited a guy to that party and when the party is over he's still staying. All you need to tell him is to leave, and if he does, you have no problem. That's the guy who overstayed.

The bad news is that she can only adjust status if she gets married to a U.S. citizen, again. In all other cases, she would have to leave the U.S. at which time she would trigger the 10-year bar for unlawful presence over 1 year.

[ConcordUser 18]

Looks like your friend is better off making back with her husband and get the green card or find another USC that would be willing to marry her and file for the petition. I am sure in every marriage things can go bad, but considering her situation may be she should make her current marriage work for few more years and get the card. I like the way Brother Hesikel explained it very clearly.

[Marceonce 0]

Thank you for your very educated answer!! The previous posts by ****** were so out of line. That person doesn't seem to know anything about immigration.

[Leatherneck 693]

Those that EWI are aliens, yet the pc term is illegal immigrant.

[cutie bear 2]

Yes, but that must not bother her too much as she can't find the time to look into it for herself.

Also, all of the illegal employment isn't forgiven for adult child of a US Citizen.

Has she been filing taxes all these years or is she also guilty of Tax Evasion which is a federal offense?

Yes she's been paying her mortgage, car, and taxes diligently.