HELP FOR MY AUNT AND UNCLE

[sailorinaz 0]

When the Reagan administration passed the “family protection” portion of immigration reform, my Aunt was protected by her mother’s filing for her children to give them family protection. My Aunt has lived in the US for more than 20 years, has been employed and paying taxes. When she got engaged to my Uncle – a natural-born US citizen, they went to an attorney to be sure that the act of marriage would not jeopardize her legal standing. The attorney assured them that they could get married without any negative impact. They got married.

When it was time to renew my Aunt's work permit, immigration refused to renew it. They said because she married a US Citizen she became illegal by leaving the family protection. She now lives in FEAR – fear because she continues to work on an expired card; and fear that if she is pulled over for a motor vehicle violation she could be deported. She and mu Uncle have a combined gross income of about $41,000 per year and cannot come up with the necessary funds to hire an attorney to straighten out this mess (assuming it can be straightened out).

Does anyone have experience with this situation? Can you give me some guidance?

[Dan J 277]

When the Reagan administration passed the “family protection” portion of immigration reform, my Aunt was protected by her mother’s filing for her children to give them family protection. My Aunt has lived in the US for more than 20 years, has been employed and paying taxes. When she got engaged to my Uncle – a natural-born US citizen, they went to an attorney to be sure that the act of marriage would not jeopardize her legal standing. The attorney assured them that they could get married without any negative impact. They got married.

When it was time to renew my Aunt's work permit, immigration refused to renew it. They said because she married a US Citizen she became illegal by leaving the family protection. She now lives in FEAR – fear because she continues to work on an expired card; and fear that if she is pulled over for a motor vehicle violation she could be deported. She and mu Uncle have a combined gross income of about $41,000 per year and cannot come up with the necessary funds to hire an attorney to straighten out this mess (assuming it can be straightened out).

Does anyone have experience with this situation? Can you give me some guidance?

Your not going to get a lot of help with that type of situation here. There are organizations like catholic charities that will give legal help for free. You could try to inquire with them.

[John & Annie 0]

When the Reagan administration passed the “family protection†portion of immigration reform, my Aunt was protected by her mother’s filing for her children to give them family protection. My Aunt has lived in the US for more than 20 years, has been employed and paying taxes. When she got engaged to my Uncle – a natural-born US citizen, they went to an attorney to be sure that the act of marriage would not jeopardize her legal standing. The attorney assured them that they could get married without any negative impact. They got married.

When it was time to renew my Aunt's work permit, immigration refused to renew it. They said because she married a US Citizen she became illegal by leaving the family protection. She now lives in FEAR – fear because she continues to work on an expired card; and fear that if she is pulled over for a motor vehicle violation she could be deported. She and mu Uncle have a combined gross income of about $41,000 per year and cannot come up with the necessary funds to hire an attorney to straighten out this mess (assuming it can be straightened out).

Does anyone have experience with this situation? Can you give me some guidance?

This really is a simple process, well, in theory it is.

Now that she is married to a US Citizen she has a different status. She needs to file AOS for herself and file for EAD concurrently based on being married to a US Citizen. I think she checks ©9.

Edited July 6, 2007 by John & Annie

[Kez/JWolf 6]

I agree she needs to file AOS based on marriage to a USC.... see guides at the top for info about doing AOS while both partners are within the USA....

And yes the catholic charities will ofter give help with the cost of a lawyer..... it never hurts to even just have a chat with the lawyer about your case.... most will give the first 30 mins at a set fee or free....

Kez

[diadromous mermaid 36]

When the Reagan administration passed the "family protection" portion of immigration reform, my Aunt was protected by her mother's filing for her children to give them family protection. My Aunt has lived in the US for more than 20 years, has been employed and paying taxes. When she got engaged to my Uncle – a natural-born US citizen, they went to an attorney to be sure that the act of marriage would not jeopardize her legal standing. The attorney assured them that they could get married without any negative impact. They got married.

When it was time to renew my Aunt's work permit, immigration refused to renew it. They said because she married a US Citizen she became illegal by leaving the family protection. She now lives in FEAR – fear because she continues to work on an expired card; and fear that if she is pulled over for a motor vehicle violation she could be deported. She and mu Uncle have a combined gross income of about $41,000 per year and cannot come up with the necessary funds to hire an attorney to straighten out this mess (assuming it can be straightened out).

Does anyone have experience with this situation? Can you give me some guidance?

I am confused. How did your Aunt enter the country? If she entered with inspection, but overstayed and sought protection under the LIFE Act for all these years, why when she married your uncle, didn't they simply file a petition for her as an immediate relative? Any overstay would be fogiven at adjustment time provided she could demonstrate the marriage is bonafide.