My daughter's friend married her boyfriend of 2 years. It was after they married she admitted he was in the States illegally. I do know they married for their love. But is he still considered to be in the States illegally?I know someone who married a guy who was in the states illegally, would he still be an Illegal Alien?
No unfortantely he does not get anything automatically.
My husband is the same situation. He was brought here at age 2 by his mom and he is now 22 years old. Luckily, there IS a process your daughter's friend can go through. But seeing that she did not even know he was illegal, I am not sure how she would feel about it. It is a lot of stress and work. BUT it does not have to be alot of $$. I am doing it on my own, no lawyer. It is complicated but it is also pretty straight-foward and I have an awesome support from the website www.immigrate2us.net you should have them check it out. Here is a link explaining the process -
http://immigrate2us.net/forum/showthread鈥?/a>
Since that can be a bit overwhelming here is a basic summary - the citizen will file the I-130 petition for alien spouse. She will need to prove her citizenship and the validity of the marriage (financial records, shared residence, pictures, etc.). Once this is approved, she will then need to show that she makes enough $$ to support him ( currently around 16k I believe for a 2 person family ) or she can get a co-sponsor who makes enough $$. After this, since he entered at the border and with no visa, his application will be sent to Mexico for processing at the consulate. He will be sent a notice for an appointment there in Cuidad Juarez, Mexico where the consulate is. He will go there and be denied the visa due to his illegal presence. He will be barred from entering the U.S. for TEN years. However they will then allow him (if he has no criminal record, drug use, etc. etc.) to file an I-601 waiver based on the fact that he is married to a U.S. citizen. The U.S. citizen has to prepare a waiver packet (prepared months in advance) filled with documents and evidence proving that her husband's denial would cause extreme hardship to her. They tend to look at factors such as health problems, potential loss of career and education if the citizen had to relocate to Mexico to be with her husband, etc. etc. But this process takes about 2 years and she will have a long time to prepare this. (That is why I was saying she has to be dedicated because it's a long process). The good thing is that after it is approved he can become a citizen in only 3 short years. And they can put all of this behind them.
Also, if they know what they are doing and can handle it then it is better to NOT use a lawyer. They can often give bad advice and write bad waiver packets. If either of them is the type that got good grades in school and is good at research papers they should do it on their own.. However if they aren't good at writing then they should CAREFULLY select a competent lawyer. I suggest checking the site below for references.I know someone who married a guy who was in the states illegally, would he still be an Illegal Alien?
He is not legal!!! They must file for his papers immediately! He can be deported for anything so be careful! You may want to see (consult) an immigration lawyer. You can file his papers yourself but you will still have to wait for his appointment in his country! The whole process can take a lot of time and money. Best wishes!!!
Since he is an illegal who came to America illegally he is quite possibly entitled to more than his wife who was living and residing here legally, thanks to the US Congress! Your daughters friend is the one that needs to worry as legally residing residents have less rights than illegally residing individuals!
Yes he's still considered an illegal immigrant. She can file for him but it's a very long and stressful process.
Here is a very good article:
http://immigrate2us.net/forum/showthread鈥?/a>
I wish her luck with everything.
I believe he can apply for a green card if he is married to a US Citizen
Yes he is here illegally. That is some marriage if he didn't tell her until after the wedding.
As others have written, marriage does not give any immigration status automatically. If this young man had entered the US through normal inspection, he would be allowed to adjust status and get a green card even if he had let his legal status lapse. However, since he entered without inspection he can't do that. The wife must petition for him (here is the process http://www.uscis.gov/files/article/A1.pd鈥?/a> when the petition is approved, it will be sent to the US embassy or consulate that she specifies. Then he will have to apply for an immigrant visa there. If he has spent more than six months illegally in the US after his 18th birthday, he could be barred from returning for three or ten years. Here is the law:
212(A)(9) (B) ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
(iii) Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
As you can see, the good news is that he only began to accumulate illegal presence after his 18th birthday.
He should maybe get a good immigration lawyer and work it out with the authorities. It's not his fault he's in the States, he didn't have much say as a 5 year old! It's his home now. He wouldn't remember much else.
He is illegal, he must go through the same process as all immigrants.
yes he is deportable and even with kids he is deportable.i am dealing with the same issue right now with my b/f.she needs to start his papers like right now.contact a lawyer or you can do it yourself at http://www.uscis.com/
Yes, he still is not a legal immigrant because he got married.
Absolutely. And if he is deported he will never be legal in America so you had better tell him to get out of the United States of America now.
marriage does not absolve crimes. If it did, murderers would just get married and all the problems would go away. Illegal is illegal and marriage will not change that fact. Good grief.
Yes he's still considered an illegal immigrant
I think,he is just now considered as illegal only.
If you want,you can apply for the green card for him...they're(as you say) in real love...so that would be nice if that guy is helped...if your daughter's friend is a {legal}Citizen of the state then no problem,as they're married they can show their marriage certificate as a proof and can apply for the green card...
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