Us Citizen married undocumented that entered as a minor

[Boiler 43,397]

He is racking up illegal presence, but not currently enough for a ban, the numbers are factual, 3 year and then 10 year.

[EM_Vandaveer 2,366]

25 minutes ago, Mansini77 said:

Ahhh. I was unsure of how the rules to unlawful presence applied to minors. The husband coincidentally passes the 18.5 year mark sometime next month. He would have to start making travel plans immediately to avoid a 3 year bar and the task of the wife doing an i601a. 

 

So, let’s say for argument sake, his deadline to leave is December 15, the 18 1/2 year mark. He leaves the US on December 17 back to country of origin. Even by a small margin, 1 or 2 days, does he trigger the 3 year bar?

 

Their situation either way, with or without a waiver will require him to consular process and be away from wife and child for a year or two, I’m guessing. I’m sure the family, given that he is working and she is not, really really does not want him to leave the country for an extended period of time. Since she is so young and has no income, he’ll need a affidavit is support co-sponsor obviously. 

 

Even if he overstays and needs the i601a, at least he will be able to stay in the US while his application is progress. If the waiver is granted, NVC collects all requested documentation and schedules his CO interview in his country, then he could be away from his family between one and two weeks. Granted everything at the interview goes well and the CO doesn’t find him inadmissible on other grounds.

 

Thanks for clearing that up. I was unsure of the rules regarding minors. I just assumed since he is 18 now, he is no longer a minor and is now racking up unlawful presence. Learned something new today. 

There is no guarantee they'd get the waiver approved, though. Safest bet is to leave before accruing enough unlawful presence for the ban. Over 180 days means a 3-year ban. Even if it's 181 days.

[Boiler 43,397]

Nobody on here is going to suggest someone gets a ban.

[Mansini77 100]

Without knowing specifics, his 18 and a half marker could be next week for all we know. Of the two scenarios I’ve laid out, it would be best for him to leave immediately and avoid the bar. Do you honestly think, given his circumstances, he’s going to take the next flight out and wait out the process for the next one to two years? Or roll the dice with the waiver and stay with his family during the process. There isn’t an easy out either way. 

 

He should leave and continue through the immigration process from his home country. Given his age, wife’s age and is currently unemployed, and the time and care of their infant-It wouldn’t surprise me if he didn’t leave. 

[Boiler 43,397]

2 minutes ago, Mansini77 said:

Without knowing specifics, his 18 and a half marker could be next week for all we know. Of the two scenarios I’ve laid out, it would be best for him to leave immediately and avoid the bar. Do you honestly think, given his circumstances, he’s going to take the next flight out and wait out the process for the next one to two years? Or roll the dice with the waiver and stay with his family during the process. There isn’t an easy out either way. 

 

He should leave and continue through the immigration process from his home country. Given his age, wife’s age and is currently unemployed, and the time and care of their infant-It wouldn’t surprise me if he didn’t leave. 

His family can go with him presumably.

 

People do illegal things, obviously not something anybody on here will support or condone.

[Russ&Caro 1,548]

7 minutes ago, Mansini77 said:

He should leave and continue through the immigration process from his home country. Given his age, wife’s age and is currently unemployed, and the time and care of their infant-It wouldn’t surprise me if he didn’t leave. 

Actually, people around this couple who care about them should be making the opposite argument to them. If this is a good relationship then they're looking at a 60+ year marriage. What's 1 year apart in order to enable a process that is very likely to be successful compared to risking a 60 year relationship in pursuit of a waiver.

[Mansini77 100]

1 minute ago, Boiler said:

His family can go with him presumably.

 

People do illegal things, obviously not something anybody on here will support or condone.

True. They could all go together. OP didn’t mention country of origin, but the flag is that of El Salvador. Second poorest country in the Westernn hemisphere. Call me a pessimist, but I doubt they will take that route. 

[Boiler 43,397]

3 minutes ago, Mansini77 said:

True. They could all go together. OP didn’t mention country of origin, but the flag is that of El Salvador. Second poorest country in the Western hemisphere. Call me a pessimist, but I doubt they will take that route. 

Technically and of course we do not know the Country concerned ot can be anywhere they can legally move to, does not have to be their own country.

[Mansini77 100]

12 minutes ago, Russ&Caro said:

Actually, people around this couple who care about them should be making the opposite argument to them. If this is a good relationship then they're looking at a 60+ year marriage. What's 1 year apart in order to enable a process that is very likely to be successful compared to risking a 60 year relationship in pursuit of a waiver.

60 year marriage is the best case scenario, and lord willing it happens. And 50% of first marriages, especially since they’re both so young, end in divorce. 

 

I’m really interested in what happens in the next couple of weeks,OP. We are all suggesting the husband leave the country. It’s the best path to a long term solution. Painful in the beginning, but it will be rewarding in the end and has the highest chance of success. Keep us up to date. 

[rivedavi 1]

20 hours ago, Boiler said:

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

 

11 hours ago, Mansini77 said:

Your US citizen cousin can file an I-130 petition based on marriage. 

 

The next step, granted her husband is still in the United States, would be to file an I-601a waiver.  If her husband is outside the United States, she will need to file an I-601.   These waivers are not visas, they excuse "unlawful presence" and lift the 3 to 10 year entry bar.  In this waiver, the petitioner must prove above and beyond "extreme hardship" if her husband is not allowed to stay in the United States.  These waivers absolutely must be submitted with EVIDENCE of extreme hardship.  Medical conditions documented by doctors, psychological examinations, and child support are good examples.  She must prove to US immigration that ALSO her life in her husband's country will also be full of, well...for lack of a better term, extreme hardship.  

 

If approved, the case will then be sent to the NVC for more documentation.  Her husband will then need to leave back to his country of origin and consular process at a US Consulate for an interview with a consular officer to decide whether or not her husband is worth granting an entry visa.  

 

If i were in your cousin's shoes, I would start saving every last penny you can scrape up.  Without a lawyer, this process will probably cost roughly $5000.  Rough estimates, $500 for the I-130, another $700 for biometrics and the waiver.  AOSupport and Visa application fees...i think around $500.  And then add the cost of time and travel to and from the country of origin.  

 

I'm going to base this off the fact that he entered illegally and that he is 18 years old now.  Entering while a minor kind of muddies the water a bit.  I'm not sure if he is eligible for DACA or not.  Regardless, this case, and among many others that marry illegal entry peoples, is a very long and drawn out process.  Yes, this can be accomplished.  But it's going to be a long uphill battle that will probably take 2 years if she files the I130 today.  

 

Speak to a reputable immigration attorney.  If they are going to go down this road, they'd better be prepared to make this the most important issue in their lives for at least a couple of years.  That means working two jobs, saving money and not spending money on things like a new car and eating out at restaurants.  Gutcheck time.

thank you for the help,

 

I advise her to speak to a lawyer and maybe his father can help. 

[rivedavi 1]

42 minutes ago, Boiler said:

Technically and of course we do not know the Country concerned ot can be anywhere they can legally move to, does not have to be their own country.

He is from El Salvador and you are correct they do not want to go back there. 

Thank you all 

[geowrian 22,335]

3 hours ago, Mansini77 said:

Even by a small margin, 1 or 2 days, does he trigger the 3 year bar?

Just to clarify this item, the answer is yes. There is no shade of gray here.

[HU87 9]

20 hours ago, Russ&Caro said:

Is the husband from Mexico? If so, can the wife relocate to a border town so that they can visit frequently?

No. El Salvador

[Boiler 43,397]

I recollect reading that Mexico is offering work permits.

[HU87 9]

2 hours ago, Mansini77 said:

Do you honestly think, given his circumstances, he’s going to take the next flight out and wait out the process for the next one to two years?

3 hours ago, Boiler said:

He is racking up illegal presence, but not currently enough for a ban, the numbers are factual, 3 year and then 10 year.

If the US Citizen also moves to El Salvador, is DCF then an option? https://www.uscis.gov/about-us/find-uscis-office/international-offices/el-salvador-uscis-san-salvador-field-office