PLEASE HELP

[Mily90 8]

I have a question I have a family member who came into this country illegally today was taken in by immigration   He is married to a US citizen and is adjusting status. what are the possibilities for him?

 

 

please help in need of advice

very gratefully appreciated.

 

(forgive me if it is not clear or I am in the wrong section)

 

Emily 

[Transborderwife 4,666]

3 minutes ago, Mily90 said:

I have a question I have a family member who came into this country illegally today was taken in by immigration   He is married to a US citizen and is adjusting status. what are the possibilities for him?

 

 

please help in need of advice

very gratefully appreciated.

 

(forgive me if it is not clear or I am in the wrong section)

 

Emily 

First piece of advice: get a lawyer

second: how did they come illegally?

[Ben&Zian 4,397]

Lawyer... all that can be done really. AOS can be done for overstay but only if the person came in legally to begin with.

 

If illegally, or undocumented, their chances are slim without potentially needing a waiver; but still....

Edited February 9, 2017 by Ben&Zian

[Transborderwife 4,666]

Just now, Ben&Zian said:

Lawyer... all that can be done really. AOS can be done for overstay but only if the person came in legally to begin with.

 

If illegally, or undocumented, their chances are slim.

 

Depending on criminal history, and how long they've been here there may be options.

[Ben&Zian 4,397]

Just now, Transborderwife said:

 

Depending on criminal history, and how long they've been here there may be options.

 

True, it is a lot more difficult that is for sure.

[Boiler 43,429]

Insufficient information, so without the full story including how he entered, criminal history etc best comment was to get a lawyer.

 

Duh read it again and he entered illegally, so he can not adjust status, best bet would be voluntary departure, how long has he been here? Going to assume long enough to require a waiver for illegal presence and whatever else he has.

Edited February 9, 2017 by Boiler

[Transborderwife 4,666]

6 minutes ago, Boiler said:

Insufficient information, so without the full story including how he entered, criminal history etc best comment was to get a lawyer.

 

Duh read it again and he entered illegally, so he can not adjust status, best bet would be voluntary departure, how long has he been here? Going to assume long enough to require a waiver for illegal presence and whatever else he has.

You're likely right, but I have heard some saying that they entered illegally using a tourist visa before.

[f f 725]

7 minutes ago, Transborderwife said:

You're likely right, but I have heard some saying that they entered illegally using a tourist visa before.

if that visa was not genuine or was not issued to him he is in a lot more trouble.

[Transborderwife 4,666]

Just now, f f said:

if that visa was not genuine or was not issued to him he is in a lot more trouble.

Not what I meant.  I mean entering with intention to stay on a tourist visa as many have.

[Mily90 8]

He entered here illegaly crossing the border illegal. Has been here for about 10 years has 2 baby children married to a US citizen. Has a permit to be here while case was pending. IO said it was not enough so it is a bit confussing

 

 

thank you very much for the responses they are all greatly appreciated

[Transborderwife 4,666]

1 minute ago, Mily90 said:

He entered here illegaly crossing the border illegal. Has been here for about 10 years has 2 baby children married to a US citizen. Has a permit to be here while case was pending. IO said it was not enough so it is a bit confussing

 

 

thank you very much for the responses they are all greatly appreciated

If he has indeed been here for 10 years and has kept his nose clean with the law, I'd get a lawyer and consider perusing something called cancellation of removal.  

[Pennycat 880]

There seems to have been an abrupt enforcement priority shift....

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

 

They are giving the impression that anyone they know is eligible for deportation, they'll deport if they walk into a DHS office. Which I sincerely hope is not the case for many, many reasons.

[Roel 7,191]

I'm surprised they even let him start AoS? I mean, I've been reading everywhere that when you come to the US illegally, you cannot do AoS at all.

[Boiler 43,429]

3 minutes ago, CatherineA said:

There seems to have been an abrupt enforcement priority shift....

 

https://www.nytimes.com/2017/02/08/us/phoenix-guadalupe-garcia-de-rayos.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

 

They are giving the impression that anyone they know is eligible for deportation, they'll deport if they walk into a DHS office. Which I sincerely hope is not the case for many, many reasons.

I thought Obama said he was deporting criminals?

[Boiler 43,429]

Just now, Roel said:

I'm surprised they even let him start AoS? I mean, I've been reading everywhere that when you come to the US illegally, you cannot do AoS at all.

Anybody can file for anything.