Questions about overstay from F1, marriage, never filed papers, how can one stay?

[USAMorocco 143]

Mods please put this in the right forum if this is not the correct one. 

 

I have a question for someone else: here is the story.

 

a man came here 16 years ago on a F1 from Senegal. He never was granted citizenship or applied.  However he married a woman and never got divorced. They also never filed Papers for him.  He didn't want her to think he was using her.  He has worked all his life and because he lost his passport years ago they cannot deport him back to his county.  As it stands now he has not gotten a divorce, nor has he spoken with his wife in over 5 years. He also has a deportation order BUT since he has no travel docs immigration cannot deport him. They gave him a work permit and he said he has to go sign in every 5 or 6 months with immigration because when they do finally get his travel docs they will deport him.  

 

His question was...is there anyway he can stay here since he was married?  I am not sure how to answer or if the divorce waiver applies to him? If his overstay would be forgiven because he was married? I'm not asking for anyone to give me illegal means of staying...he asked if there was a legal path.  Thank you in advance.  I appreciate anyone's help. 

[Ben&Zian 4,398]

Technically, because he was documented legally entering the US and then married; over stay would be forgiven..... but never filing any papers of any sort, and having a deportation order... he may need to seek legal help honestly.

[Roel 7,193]

Umm... is this story real?

Immigration gave him a work permit and let them work legally after they issued deportation order? Because of no paperwok?

 

The guy has no chance for anything after all he's done.

[Cheezees 1,514]

Just so you know, not having a valid foreign passport in NO WAY makes one undeportable. If he had a deportation order, he can be shipped off very easily. 

 

Overstay is forgiven for spouses of US citizens who file the AOS.  Since that did not and is not happening, he is currently out of status (and deportable). 

 

Also, if not filing for residency to which one is legally entitled as the spouse of a US citizen is being used as some measure of "proof" of the legitimacy of the marriage, that marriage is in serious danger from a lack of trust from the start. 

Edited January 27, 2017 by Cheezees

[Ben&Zian 4,398]

I am a little curious about that too... So he never filed paperwork.... but was working technically working illegally because of no AOS or EAD... then deportation orders came; but they then gave him a work permit?

 

That is a little confusing...

Edited January 27, 2017 by Ben&Zian

[Cheezees 1,514]

OP, your "friend" is being dishonest or is trolling you. 

 

USCIS never has illegal aliens "check in" every 5/6 months with government issued work permits for which they are ineligible. USCIS also never waits for illegal aliens to "get their travel documents straight" before deportation. 

 

This story has ZERO/NONE/ZILCH ring of truth to it. 

[geowrian 22,338]

16 minutes ago, Ben&Zian said:

Technically, because he was documented legally entering the US and then married; over stay would be forgiven..... but never filing any papers of any sort, and having a deportation order... he may need to seek legal help honestly.

That's inaccurate, actually. Overstay is not "forgiven" - it just is ignored when you file. If you do not file or your application is rejected, the overstay remains (and accumulated during the time waiting for a decision). In this particular situation, since he never filed and can't do so now w/o her support, all the overstay still counts and he remains deportable.

 

That said, I agree that either the facts here are incomplete or misunderstood, or this is just a troll. The facts don't add up.

[Ben&Zian 4,398]

1 minute ago, geowrian said:

That's inaccurate, actually. Overstay is not "forgiven" - it just is ignored when you file. If you do not file or your application is rejected, the overstay remains (and accumulated during the time waiting for a decision). In this particular situation, since he never filed and can't do so now w/o her support, all the overstay still counts and he remains deportable.

 

That said, I agree that either the facts here are incomplete or misunderstood, or this is just a troll. The facts don't add up.

 

Wrong terminology on my part, same meaning overall but thank you for the correction.

 

And yea I don't get this story, it isn't adding up.

[Roel 7,193]

49 minutes ago, Cheezees said:

OP, your "friend" is being dishonest or is trolling you. 

 

USCIS never has illegal aliens "check in" every 5/6 months with government issued work permits for which they are ineligible. USCIS also never waits for illegal aliens to "get their travel documents straight" before deportation. 

 

This story has ZERO/NONE/ZILCH ring of truth to it. 

Yeah, the story is BS. If that was true, you'd have thousands of illegals getting a "free" work permit from USCIS all the time, lol.

[USAMorocco 143]

2 hours ago, Roel said:

Yeah, the story is BS. If that was true, you'd have thousands of illegals getting a "free" work permit from USCIS all the time, lol.

 

I must have missed something that was funny. 

[USAMorocco 143]

Thank you everyone for their answers.  This person is not a friend and in no way am I close to them.  I was speaking with them about my fiancé having to do his AOS and immigration papers and this guy just started telling me his "story" is it true I don't know.  I honestly don't care.  I just wanted to know if there was an actul legal pathway to him staying here or if because he broke the law by overstaying and has deportation against him if there is no shot. Thank you everyone.  I'll pass on the info. 

[Cheezees 1,514]

11 minutes ago, USAMorocco said:

Thank you everyone for their answers.  This person is not a friend and in no way am I close to them.  I was speaking with them about my fiancé having to do his AOS and immigration papers and this guy just started telling me his "story" is it true I don't know.  I honestly don't care.  I just wanted to know if there was an actul legal pathway to him staying here or if because he broke the law by overstaying and has deportation against him if there is no shot. Thank you everyone.  I'll pass on the info. 

Yeah, he's full of it.  Notice no one said that you were lying/trolling but that he was because you have a good reputation here on VJ (and I didn't believe for a second that this was in any way related to you).  So, tell him to shove it.

[aaron2020 11,651]

3 hours ago, USAMorocco said:

 

 

His question was...is there anyway he can stay here since he was married?  He has no way to stay here.  I am not sure how to answer or if the divorce waiver applies to him? Nope.  Not with a deportation.  There is no divorce waiver for a deportation.  If his overstay would be forgiven because he was married? Nope.  Not with a deportation order.   I'm not asking for anyone to give me illegal means of staying...he asked if there was a legal path.  Thank you in advance.  I appreciate anyone's help. 

People.  This story is not BS.   Google "Suspension of Deportation."  Under certain circumstances where the US can not deport a person, then it's possible to get an order to suspend the deportation.  The individual is parole into society and can obtain a work permit.  

 

For example; Vietnamese who become LPRs before the US and Vietnam normalized relationship in 1995 can not be deported to Vietnam because the normalization agreement specifically states that Vietnam has no legal obligation to accept Vietnamese LPRs who arrived in the US before 1995 if the US orders that person to be deported.  Because Vietnam will not accept them and they can't be deported to a third country, it would violate the cruel and unusual punishment clause of the Constitution to keep them locked up forever.  They get a suspension of their deportations and are released into society and can obtain work permits while waiting for deportation if and when it becomes possible to deport them.  These paroled individuals must check in with Homeland Security periodically at least once a year.

 

https://www.law.cornell.edu/wex/suspension_of_deportation

 

 

Edited January 27, 2017 by aaron2020

[aaron2020 11,651]

2 hours ago, Roel said:

Yeah, the story is BS. If that was true, you'd have thousands of illegals getting a "free" work permit from USCIS all the time, lol.

The work permits are not free.  These paroled individuals must pay the fee for the EAD.

[aaron2020 11,651]

http://www.nytimes.com/2008/01/23/us/23immig.html

 

Only about 200 Vietnamese immigrants slated for deportation are in the custody of immigration authorities, Ms. Nantel said. Because of a Supreme Court ruling in 2001, the authorities have released immigrants under deportation orders after six months in detention if their countries would not accept them.