Help! Is it possible to apply for AOS for my undocumented husband?

[Nick92707 0]

My case is very complex. To begin with, I was married a couple of months ago, my husband has lived in the United States for several years as an undocumented alien. At one point four years ago, he was picked up by immigration and sent back to Mexico. Although he did not appear in front of a judge, he was sent back to Mexico, and he returned. He has been in the United States since then. Is it possible to adjust his status? Is there a way? Any help would be greatly appreciated. Thanks.

[Harpa Timsah 13,258]

No.

You can pursue a waiver in the US in advance of his interview in Mexico. His returning after already being deported will have more severe consequences.

[belinda63 2,981]

Depending on what exactly was done (if he was deported and returned without inspection) he may have a life-time ban without a waiver possible for 10 years.

[UnaMexicana 153]

My best advice in this kind of situation would be to consult with an immigration attorney. The responses above are very accurate in my opinion, but unfortunately we have not heard of anybody in your particular situation. I would seek professional advice and then come here and let the forum know what the outcome was.

i know of somebody that was in the US adjusting his status, then left the country for some reason and came back undocumented. He ended up being removed and is now banned for life, can't return. I hope that is not the case here.

My opinion: Only an attorney can advice on the best course of action for this particular situation.

Best of Luck,

UnaMexicana

[Ian H. 207]

You have to speak to an immigration lawyer to be certain, but I happen to understand that he may be able to adjust his status. If you are a US citizen you can apply for a waiver to the ban. Also you have to prove with much more convincing evidence than other couples that your marriage is legit and not for the purpose of getting him a green card. If you speak to an immigration lawyer they will give you the best route. Being here illegally doesn't by itself ban you from the U.S so don't listen to other people's hateful bs. My dad came here with another guy's passport and got caught when entering the country because the guy had an outstanding warrant, he told the truth, spent 3 months in a detention center and was still able to get sponsored by my mother. Why? Because what they really care about is that the marriage is legit for all intents and purposes and you just have to convince them of that by all ways necessary. According to my mom it only cost her $1000, this was back in 1994 so prices have gone up. If my dad was able to get a green card after coming in with fake papers and getting caught, your case should be easier, but consult a lawyer to take the safest route.

[Pitaya 2,576]

~Moved from K1 Process to WST-based AOS Forum~

~Inquiry about AOS, not K1 related~

Edited July 22, 2014 by A&B

[Harpa Timsah 13,258]

~Moved from K1 Process to WST-based AOS Forum~

~Inquiry about AOS, not K1 related~

This would be better in the waiver forum because the person CANNOT adjust status.

People who enter without inspection cannot adjust status, full stop.

[belinda63 2,981]

A waiver will be needed. There is no longer the illegals can become legal by paying a fine. That stopped a long time ago and only applied to very specific persons.

If a person is deported they have a ban. If they re-enter the US without inspection while banned they receive a life-time ban with a waiver only available after 10 years. There has been more than one person who has posted on here that their significant other had this type of ban.

Certainly a consult with an attorney will be the best way. Even with the best of news he will need a waiver and have to interview in another country to receive his visa. Under current law you cannot adjust status in the US if you entered without inspection.

[milimelo 4,234]

This would be better in the waiver forum because the person CANNOT adjust status.

People who enter without inspection cannot adjust status, full stop.

~Moving to waivers forum~

[NancyNguyen 1,657]

You have to speak to an immigration lawyer to be certain, but I happen to understand that he may be able to adjust his status. If you are a US citizen you can apply for a waiver to the ban. Also you have to prove with much more convincing evidence than other couples that your marriage is legit and not for the purpose of getting him a green card. If you speak to an immigration lawyer they will give you the best route. Being here illegally doesn't by itself ban you from the U.S so don't listen to other people's hateful bs. My dad came here with another guy's passport and got caught when entering the country because the guy had an outstanding warrant, he told the truth, spent 3 months in a detention center and was still able to get sponsored by my mother. Why? Because what they really care about is that the marriage is legit for all intents and purposes and you just have to convince them of that by all ways necessary. According to my mom it only cost her $1000, this was back in 1994 so prices have gone up. If my dad was able to get a green card after coming in with fake papers and getting caught, your case should be easier, but consult a lawyer to take the safest route.

Do you know how many immigration laws have been passed from 1994 - 2014? Especially after 9/11 incident? Could you tell us if someone grinds your rears? Because I realize there has been no comments with "illegal-immigrant" hatred in this thread so far.

[Pitaya 2,576]

~Moving to waivers forum~

Thanks, I was a couple of keystrokes behind you.....

[Ian H. 207]

People with biased answers grind my gears lol I wasn't referring to anyone in specific on this forum so don't get offended. And fyi my father came here after 9/11, my mother was an LPR so the wait time at that point was 5+ years. The wait times went down for LPR's after the V visa. The point is that someone who comes here with a fake passport and gets caught and is still able to become an LPR, then so can an illegal alien. You do have to prove that you and your children (if you have any) would suffer extreme hardship as was the case with my father. My mother was pregnant and I was 3. They didn't want a single mother with two kids on welfare because immigration refused to give my father a green card, so they gave him a waiver. Every situation is different, but you just need a good lawyer.

Do you know how many immigration laws have been passed from 1994 - 2014? Especially after 9/11 incident? Could you tell us if someone grinds your rears? Because I realize there has been no comments with "illegal-immigrant" hatred in this thread so far.

[Harpa Timsah 13,258]

People with biased answers grind my gears lol I wasn't referring to anyone in specific on this forum so don't get offended. And fyi my father came here after 9/11, my mother was an LPR so the wait time at that point was 5+ years. The wait times went down for LPR's after the V visa. The point is that someone who comes here with a fake passport and gets caught and is still able to become an LPR, then so can an illegal alien. You do have to prove that you and your children (if you have any) would suffer extreme hardship as was the case with my father. My mother was pregnant and I was 3. They didn't want a single mother with two kids on welfare because immigration refused to give my father a green card, so they gave him a waiver. Every situation is different, but you just need a good lawyer.

You were 3 years old after 9/11? So you are, like, 15 years old?

[belinda63 2,981]

People with biased answers grind my gears lol I wasn't referring to anyone in specific on this forum so don't get offended. And fyi my father came here after 9/11, my mother was an LPR so the wait time at that point was 5+ years. The wait times went down for LPR's after the V visa. The point is that someone who comes here with a fake passport and gets caught and is still able to become an LPR, then so can an illegal alien. You do have to prove that you and your children (if you have any) would suffer extreme hardship as was the case with my father. My mother was pregnant and I was 3. They didn't want a single mother with two kids on welfare because immigration refused to give my father a green card, so they gave him a waiver. Every situation is different, but you just need a good lawyer.

This is the waiver we have been speaking of. An I-601 for extreme hardship to the US citizen/LPR. He can't just "file for a green card". There is a process that must be followed. But depending on the circumstances he might not be eligible for a waiver for 10 years. The difficulty is in the details. Just because you come on here saying he can do it does not change the law. And the laws have changed a lot since your father received his green card.

My response was not "biased" it was a statement of fact.

Edited July 22, 2014 by belinda63

[LionessDeon 2,060]

" According to my mom it only cost her $1000, this was back in 1994 so prices have gone up. If my dad was able to get a green card after coming in with fake papers and getting caught, your case should be easier, but consult a lawyer to take the safest route."

Was it in 1994 or after 9/11?