Help for my cousin

[Mexican_american2 0]

Hello. 

 

I'm asking for my husband's cousin. 

 

He came here on h1b visa. He overstayed his visa for over 10 years now. He is going to marry his long time usc girlfriend on June. 

 

He has been working illegally to support his kids in Mexico. 

 

His question is, in the section in the 485 about his work, he needs to list all his jobs. Does that mean he needs to stop working from the time the paper is filed until he gers the ead? Or does he just continue working because it's forgiven for usc spouse?

 

They are going to diy his papers. I was talking to them about hiring a lawyer but they don't want to. 

[Detron 15]

Yes they will help him out. But you need a lawyer. Check this link that explains it better:

 

http://www.alllaw.com/articles/nolo/us-immigration/legal-options-undocumented-illegal-immigrant-stay.html#

Edited April 13, 2017 by Detron
forgot to provide link

[Ben&Zian 4,398]

19 minutes ago, Detron said:

Yes they will help him out. But you need a lawyer. Check this link that explains it better:

 

http://www.alllaw.com/articles/nolo/us-immigration/legal-options-undocumented-illegal-immigrant-stay.html#

 

He isn't undocumented... he over stayed a visa which entered legally on. That site says "Join the Military" which these days requires your to be an LPR, needs to be updated. Several years back sure as an illegal(doucmented or undocumented even) you could join but not now.

 

 

OP, he should not have worked period after his visa expired. The choice now is up to him really.

 

And why would he even risk waiting til June knowing tomorrow he could be detained and deported, go get court house married and get it over with/

Edited April 13, 2017 by Ben&Zian

[Mexican_american2 0]

5 minutes ago, Ben&Zian said:

 

He isn't undocumented... he over stayed a visa which entered legally on. That site says "Join the Military" which these days requires your to be an LPR, needs to be updated. Several years back sure as an illegal(doucmented or undocumented even) you could join but not now.

 

 

OP, he should not have worked period after his visa expired. The choice now is up to him really.

 

And why would he even risk waiting til June knowing tomorrow he could be detained and deported, go get court house married and get it over with/

Thank you for the fast reply. 

 

He can't not work because he is the only person his kids count on in Mexico. The future wife just makes enough for all the bills. If he stops working, funds will be very tight if not insufficient. 

 

So, if they do get married say today and filed the 130 and 485 with the ead tomorrow,  does that mean he HAS to stop working until ead is approved or is the usc spouse forgiven for overstay and illegal work up until the approval of the ead? 

 

He(husband's cousin)  was telling me that if he marries a usc, he is forgiven the overstay and illegal work so he will continue to overstay and work until his papers get approved. Is that true or is he just wanting to believe what he wants?

[Ben&Zian 4,398]

2 minutes ago, Mexican_american2 said:

Thank you for the fast reply. 

 

He can't not work because he is the only person his kids count on in Mexico. The future wife just makes enough for all the bills. If he stops working, funds will be very tight if not insufficient. 

 

So, if they do get married say today and filed the 130 and 485 with the ead tomorrow,  does that mean he HAS to stop working until ead is approved or is the usc spouse forgiven for overstay and illegal work up until the approval of the ead? 

 

He(husband's cousin)  was telling me that if he marries a usc, he is forgiven the overstay and illegal work so he will continue to overstay and work until his papers get approved. Is that true or is he just wanting to believe what he wants?

All decisions he must make. Honestly using kids as a financial excuse doesn't sound good because the wife has to show she can sponsor him on her own (or with a co-sponsor) and support herself, him and the kids financially without his income because he is again not supposed to be working illegally!

 

 

[Detron 15]

Ok one more thing about sponsors. You can add apart from your partner, an extra sponsor that can actually be any relative or family friend as long they fulfill the minimum Poverty Guidelines, read more about them here:

https://www.uscis.gov/i-864p

 

And yes, unless he has an approved EAD he's not allowed to work. And if someone hires him, his employer is breaking the law. Employers are required by law to ask for documentation from their employees, either it's a green card, EAD or birth certificate indicating they're lawful US citizens and born in US, thus the background checks they normally do prior your employment. That's why you got sponsors, to assist you financially until your EAD is approved (it takes normally up to 3 months processing, from the day you send in the forms).

 

 

Edited April 15, 2017 by Detron
link attached