Us Citizen married undocumented that entered as a minor

[rivedavi 1]

Hi,

 

My cousin us citizen 18 years old married a minor that was undocumented. He entered illegally and was caught by immigration and released to his father. He is now 18. 

 

They want to get him a green card based on their marriage.

 

They have 6 month old daughter.

 

Can she file i-30 for him, and will he be able to stay, should they file a 601 waiver.

 

He is the only one working as she does not work. They asked me for my advise. as they cannot afford to pay for an attorney. 

 

Thank you 

[Boiler 43,425]

If he is under 18 1/2 he would have no ban, no waiver, needed  if he leaves.

 

Does she have a joint sponsor?

 

 

[debbiedoo 2,339]

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

[Xfiles 31]

10 minutes ago, rivedavi said:

Hi,

 

My cousin us citizen 18 years old married a minor that was undocumented. He entered illegally and was caught by immigration and released to his father. He is now 18. 

 

They want to get him a green card based on their marriage.

 

They have 6 month old daughter.

 

Can she file i-30 for him, and will he be able to stay, should they file a 601 waiver.

 

He is the only one working as she does not work. They asked me for my advise. as they cannot afford to pay for an attorney. 

 

Thank you 

Maybe with the waiver, but i think it all depends on how many re- entries  he has. 

 

I was almost on a same situation, i came legally with visa and over stayed when i was minor. My process was easy en i do it my self with my wife didn’t need of a waiver and in six months got my  gc.!

 

 

 

Every case is different and to tell u the truth it is a big probability that he needs the waivers but my understanding its that the waiver only helps you for 1 re-entry..! I do suggest to check with some lawyers 3 at least, to get different opinions some of them Don’t  charge 1st appointments

[Xfiles 31]

3 minutes ago, debbiedoo said:

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

I was working and don’t bring problems at all.! I even told inmigration about it.! 

[geowrian 22,335]

12 minutes ago, Xfiles said:

I was working and don’t bring problems at all.! I even told inmigration about it.! 

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.

[Xfiles 31]

1 minute ago, geowrian said:

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.

 

1 minute ago, geowrian said:

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.

On that it is truth u can’t sponsor yourself.!!! It has to be a citizen

[geowrian 22,335]

5 minutes ago, Xfiles said:

On that it is truth u can’t sponsor yourself.!!! It has to be a citizen

Any USC or LPR (green card holder) domiciled in the US.

Some beneficiaries can have their income included with the petitioner, but there are restrictions on this that the OP won't meet.

[rivedavi 1]

27 minutes ago, Boiler said:

If he is under 18 1/2 he would have no ban, no waiver, needed  if he leaves.

 

Does she have a joint sponsor?

 

 

his father could help.

 

Does he have to leave for him not to submit the waiver? since their baby is really little.

 

They would try to avoid sending him back

[geowrian 22,335]

2 minutes ago, rivedavi said:

Does he have to leave for him not to submit the waiver?

Yes. He cannot adjust status within the US as he has no status to adjust from.

An exception would be if he has (or had) a valid Advance Parole and used it to leave the US and re-enter.

[rivedavi 1]

32 minutes ago, debbiedoo said:

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

His father lives here he has TPS status and a right work. he gave them permission to marry. I am not sure he has ban.  

[Boiler 43,425]

1 hour ago, rivedavi said:

His father lives here he has TPS status and a right work. he gave them permission to marry. I am not sure he has ban.  

So he is not eligible to be a joint sponsor.

 

Exactly how old is he?

[rivedavi 1]

27 minutes ago, Boiler said:

So he is not eligible to be a joint sponsor.

 

Exactly how old is he?

She is 18 years old 

[Boiler 43,425]

How old is he? If he is under 18 1/2 he does not have a ban.

[rivedavi 1]

6 minutes ago, Boiler said:

How old is he? If he is under 18 1/2 he does not have a ban.

He turned 18 in july in December he will be 18 1/2

does that mean they can file normally?