Engaged to Illegal Immigrant, HELP!

[CaseyLE82 3]

Hello All,

I met and fell desperately in love with a man who is an illegal immigrant from Mexico. He entered the US when he was 17 and has been here for 8 years now. He was caught crossing the border at the age of 17 and printed and such.

We are engaged and getting married in a couple of weeks. I suppose I always thought that once we were married he'd be able to become a citizen, but apparently that is NOT the case at all. From what I've been reading he may face a 10 year ban from re-entering the US if he goes back to Mexico.

I can not live without my husband for ten years and I cannot move to Mexico. What are our options? We are just two young people who are trying to start a life together and are very much in love. Does anyone have any suggestions or thoughts? I know I need to see a lawyer and plan to but I'm just so distraught and afraid right now and I don't know what to do. I just want to be with my wonderful sweet future husband and we haven't even spent 24 hours apart since we met, never mind TEN YEARS!

Can anyone help? Is there anything that can be done?!?!

[belinda63 2,981]

A little more information. Was he deported previously then re-entered the US after having been deported?

[KayDeeCee 4,892]

~ Moved from AOS from Family Based Visas to Waivers and Administrative Processes - topic is about entering US illegally and waiver needed, if eligible, and not an AOS from family visa process ~

[Jawaree 717]

Was he allowed in at 17 when caught or thrown back after printing

and then he succeeded later? You will need to speak to an atty, then

file I 130 petition for him, U may also need a co-sponsor since U R both

young, the atty will be able to give U correct info after hearing and seeing

papers. best to go with a waiver atty

[TheCaptain 67]

The answers you are seeking require more information. Did he enter illegally when he was 17 and was detained and deported by ICE then re-enter? Was he caught by CBP while trying to enter, returned to mexico and then re-entered without inspection?

It all depends on whether he entered with or without inspection? Did he come on a visa?

If he entered illegally without inspection then there is no way that he can adjust his status in the US without first returning to mexico. He is currently subject to deportation and will be subject to the mandatory 10 year ban if caught, not to mention the months of being in a detention center just waiting for deportation. This can become a life ban too. You may be able to petition him for a I-601 waiver if he voluntarily departs the US but not while he is here.

If he entered with inspection (A Valid Visa) then there is a possibility of him being forgiven for the overstay. When you submit your visa application and go for the interview his application will be denied but you can then submit the waiver and request forgiveness.

Either way the best path is to discuss your situation with a qualified and experienced lawyer who specializes in Waiver cases.

You can also visit immigrate2us.net which seems to deal more specifically with waiver and entry without inspection cases. They may also provide more information regarding lawyers who may be able to assist.

Good Luck

[Darnell 8,478]

look at the I-601-A waiver instead of the I-601.

It's a special waiver that many Mexican illegal aliens qualify for when chasing a spousal visa (interview in Mexico) but the main difference is that he is allowed to remain in the USA whilst the I-130 and I-601-A are processing.

and that's all I know about it. There's more - a LOT MORE - you should find it and study a bit/lot.

[Hypnos 6,576]

The I-601A provisional waiver would be the way to go if he EWI'd. This would require that you have an approved I-130 first.

[Ryan H 3,796]

***One post that was non constructive to the discussion removed. Either address the OP's question or do not post; thread bans will follow for anymore non constructive posts.***

[Boiler 43,732]

Does he have DACA?

[JohnR! 5,495]

Hello All,

I met and fell desperately in love with a man who is an illegal immigrant from Mexico. He entered the US when he was 17 and has been here for 8 years now. He was caught crossing the border at the age of 17 and printed and such.

We are engaged and getting married in a couple of weeks. I suppose I always thought that once we were married he'd be able to become a citizen, but apparently that is NOT the case at all. From what I've been reading he may face a 10 year ban from re-entering the US if he goes back to Mexico.

I can not live without my husband for ten years and I cannot move to Mexico. What are our options? We are just two young people who are trying to start a life together and are very much in love. Does anyone have any suggestions or thoughts? I know I need to see a lawyer and plan to but I'm just so distraught and afraid right now and I don't know what to do. I just want to be with my wonderful sweet future husband and we haven't even spent 24 hours apart since we met, never mind TEN YEARS!

Can anyone help? Is there anything that can be done?!?!

Casey,

IMHO it would behoove you to get an immigration lawyer, so that you can file the correct forms, with the right courts at the right time.

Here are a couple of links that might help:

http://www.uscis.gov/i-601a

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

My understanding is that your husband entered the US without a visa, i.e. with a coyote or any other means to bypass inspection at the border. If that is true, he will need a waiver and he will not be able to adjust status in the US. He will have to return to Mexico and follow the IR/CR process required by law once your I-130 is approved. The silver lining is that, if you are able to obtain his waiver before he leaves the country, his visa should not take longer than usual - he is not looking at a 10-year absence. Still on the upside is that you know his process will only be a matter of time, which is the same wait all other couples endure and survive. To be sure, my assumption is that he is not a criminal, wanted by the police, etc, which would complicate things, for obvious reasons.

Having said all that, only a lawyer will be able to tell you with certainty whether he qualifies for the I-601A waiver.

Congrats on the wedding and good luck with the process.

Edited June 22, 2014 by Gegel

[Kevin and Blanca 2]

I have a friend that married an undocumented immigrant here in the USA. 16 years and 5 children later they are still fighting the system (With a good Lawyer) to keep her here. He said he made several mistakes during the process and would do things different if he had another chance. To be short he said he would marry her in Mexico not here cuz marrying in USA then proves she still here illegally. In his case he is fighting to keep her here because of a second issue of entry illegally in the USA. In your case marry in Mexico apply for IR-1 / CR-1 Visa? The second time someone is caught illegally they will/can ban him/her for life. Your fiance has been caught once. You have to weigh your options rather than take the easy road.. first fix everything (With a good Lawyer) other wise face extreme consequences like my friend, he is awaiting trial in September to ban his wife for life or allow them to continue the process (16yrs later). Take care of it now you may have to sacrifice a few years apart/visiting instead of face the constant shadow over your shoulder...when they take your husband when you least expect it and deport him... Good Luck on your journey in Love...

[belinda63 2,981]

That is pretty much what I am trying to find out. Was he deported then returned without inspection after that? And would the fact that he was a minor mean the no-waiver ban doesn't apply to him. I know for an adult if you return after being deported and EWI you have a life-time ban and cannot file a waiver for at least 10 years.

[Boiler 43,732]

Probably a throw back, but the devil is in the detail.

[Boiler 43,732]

I have a friend that married an undocumented immigrant here in the USA. 16 years and 5 children later they are still fighting the system (With a good Lawyer) to keep her here. He said he made several mistakes during the process and would do things different if he had another chance. To be short he said he would marry her in Mexico not here cuz marrying in USA then proves she still here illegally. In his case he is fighting to keep her here because of a second issue of entry illegally in the USA. In your case marry in Mexico apply for IR-1 / CR-1 Visa? The second time someone is caught illegally they will/can ban him/her for life. Your fiance has been caught once. You have to weigh your options rather than take the easy road.. first fix everything (With a good Lawyer) other wise face extreme consequences like my friend, he is awaiting trial in September to ban his wife for life or allow them to continue the process (16yrs later). Take care of it now you may have to sacrifice a few years apart/visiting instead of face the constant shadow over your shoulder...when they take your husband when you least expect it and deport him... Good Luck on your journey in Love...

So you are suggesting that they lie about her US presence despite the 5 children, leave and marry in Mexico?

I know this is second hand information and therefore dubious but to suggest a good lawyer would condone such a course is beyond belief.

[Mark88 183]

Can anyone help? Is there anything that can be done?!?!

You will have to provide more details on how you're fiance entered the US (the second time). Depending on what was going on, he might be eligible for a waiver or DACA. But in any case your case won't be easy.