Need advice with marriage/immigration.

[omar_b]

What is the name of your state? California

Great forum. I'm glad I found it. I have read through most of the immigration forum but have not found a complete answer to my question. Here are the facts: I entered the US illegally when I was 9 years old. Once here, my parents sent me to school, told me to get good grades and now worry about a thing. Big mistake in my part but what did I know? This of course, it's not an excuse. It is what it is. I graduated with a BA in Art/Graphic Design last year. I have not used my degree. I work for small company doing purchasing/delivering for them. I am also engaged to a permanent resident who will become a citizen in exactly 2 years. I have known her for 14 years, been together for 5, and engaged for 7 months. We want to get married the worst way but my legal status is holding us up. What are my options, if any? I have talked to some lawyers but I have never really gotten a straight answer. I gather from what I have read that having entered the country illegally alone is quite a hard obstacle to get over. Will it make any difference if we get married before or after she becomes a citizen? How will the fact that I have worked illegally for over 10 year affect the process? Is my case simply hopeless? I have been a good person here in the US. Never been arrested and have educated myself. Paying for non-resident tuition by working hard. Please, I know exactly what I have done. I know I have broken the law by simply being here, yet alone actually working illegally. It's something I face every day I'm here. I just need to know if there is any hope at all to go through with this marriage. If I go down I certainly don't want to take her down with me. Thanks in advance for any help I get!

 

[Mrowka]

I don't have any good news for you, unfortunately. As far as I know, having entered illegaly makes your case hopeless. Working illegaly will be forgiven if you marry a us citizen, but illegal entry will not. If you marry when she becomes a citizen, in order for you to apply for any legal status, you will have to go back to your country of origin, but once there you will face a 10 year ban on reentry to the US as a result of your unauthorized presence for so many years.

 

[omar_b]

Thanks...

I don't have any good news for you, unfortunately. As far as I know, having entered illegaly makes your case hopeless. Working illegaly will be forgiven if you marry a us citizen, but illegal entry will not. If you marry when she becomes a citizen, in order for you to apply for any legal status, you will have to go back to your country of origin, but once there you will face a 10 year ban on reentry to the US as a result of your unauthorized presence for so many years.

That's the news I pretty much get everywhere. Will my case be helped at all by the reinstatement of the 245i if it ever happens again? And I know this is bad, but what if we go and get married outside the US, without the INS knowing I was ever here on the first place? Is that possible? I know it's sneaky but we are desperate. Thanks for your advice.

 

[Mrowka]

I am not sure if 245i deals with illegal entry or just with unauthorized overstay, so I can't answer this question.

As for marrying outside US, how do you plan on avoiding the ins finding out you were here all these years? There is no record of your entry, but you will be asked to provide some kind of id when you leave (unless you will sneak out the same way your parents came in). Do you have a passport from your country? Once your departure is noted, unless you change your identity, they will know you were here.

 

[omar_b]

About the 245i...

I am not sure if 245i deals with illegal entry or just with unauthorized overstay, so I can't answer this question.

As for marrying outside US, how do you plan on avoiding the ins finding out you were here all these years? There is no record of your entry, but you will be asked to provide some kind of id when you leave (unless you will sneak out the same way your parents came in). Do you have a passport from your country? Once your departure is noted, unless you change your identity, they will know you were here.

I don't know much about that law, but I think it might be my only hope. My mom married a US citizen when the law was in effect and she is now six months away from getting her green card. She also entered the country illegally and was deported once.

 

[Mrowka]

Then it would seem that reinstatement of 245i would solve your problems. However, it doesn't look like it is likely to be reinstated any time soon.

I guess the best you can do now is keep a low profile, as the alternative is leaving and staying out, possibly for up to 10 years. So if I were you, I would postpone getting married until your girlfriend becomes a us citizen, since on the application for citizenship she will have to give details about her spouse. And keep hoping for 245i.

 

[ImmigAttyLana]

245i would help you if it were reinstated, but this is not in the works at the moment and there is no way to know if and when it will be reinstated. In the meantime, you have no options other than to remain in the US in the same unlawful status in which you have been since you entered the country illegally, unfortunately.

 

[JETX]

In the meantime, you have no options other than to remain in the US in the same unlawful status in which you have been since you entered the country illegally, unfortunately.

*** I respectfully disagree. This illegal criminal has the right to leave the US and return to his country. And yes, I use the term 'criminal' as that is what he, and any other illegal citizen, is.

 

[sjsu-js]

Also need legal advise on procedure

My case is a bit similar to Omar. However in my case, I am a US Citizen and my boyfriend is a Mexican Citizen. He entered the US illegally and has never attempted to file for a visa/residence/work authorization, etc.
We are in the process of getting married, but have no clue as to what steps to take to get him a ssn, work permit, residence, etc.

Speaking to a few lawyers, they have all told me the same... my case is somewhat hopeless due to the fact that my boyfriend entered illegally. I would have to file an I-130 which will request my boyfriend's presence at the consulate in Mexico, just to be informed that his visa is denied due to overstaying of 1 year (180 days) in California. Of which, I would then file an I-601 and present evidence that I cannot live in Mexico. I would need to prove financial obligation I have in the US, medical problems, and so forth. Then depending on the outcome, the I-601 maybe approved. (Please let me know if I'm mistaken, I been doing a little research on the web as well.)

However, I have heard that if we get married in Mexico (as Omar stated earlier) the process may differ. In this case, I would petition him in the US and the process maybe a bit faster. Is this true? Would we both have to stay in Mexico, or just him? How long will this take? Are the favors for or against us if we chose this route?

Also, I'm currently a SJSU student and taken a student gov't loan. Would these help my case in proving that I cannot live in Mexico?

Any legal expertise would be greatly appreciated. Thank you for your time and knowledge.

Best,

Rocio

 

[JETX]

My case is a bit similar to Omar. However in my case, I am a US Citizen and my boyfriend is a Mexican Citizen. He entered the US illegally and has never attempted to file for a visa/residence/work authorization, etc.
We are in the process of getting married, but have no clue as to what steps to take to get him a ssn, work permit, residence, etc.

Speaking to a few lawyers, they have all told me the same... my case is somewhat hopeless due to the fact that my boyfriend entered illegally. I would have to file an I-130 which will request my boyfriend's presence at the consulate in Mexico, just to be informed that his visa is denied due to overstaying of 1 year (180 days) in California. Of which, I would then file an I-601 and present evidence that I cannot live in Mexico. I would need to prove financial obligation I have in the US, medical problems, and so forth. Then depending on the outcome, the I-601 maybe approved. (Please let me know if I'm mistaken, I been doing a little research on the web as well.)

However, I have heard that if we get married in Mexico (as Omar stated earlier) the process may differ. In this case, I would petition him in the US and the process maybe a bit faster. Is this true? Would we both have to stay in Mexico, or just him? How long will this take? Are the favors for or against us if we chose this route?

Also, I'm currently a SJSU student and taken a student gov't loan. Would these help my case in proving that I cannot live in Mexico?

Any legal expertise would be greatly appreciated. Thank you for your time and knowledge.

Best,

Rocio

Do NOT hijack someone elses thread by putting YOUR situation into theirs. It is both rude and confusing (when you assume a response is to you when it isn't).
Delete your post here and start your own.