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ILLEGAL WITH USC KIDS

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  • ILLEGAL WITH USC KIDS

    A friend of mine entered the US illegally about three years ago. She entered with someone else's passport. She's now living with her LPR husband and their two USC children. Can her husband file for her papers even if he's not a USC (he'll be able to file for USC next December). Does she have to go back to her country before anything can happen?

  • #2
    A friend of mine entered the US illegally about three years ago. She entered with someone else's passport. She's now living with her LPR husband and their two USC children. Can her husband file for her papers even if he's not a USC (he'll be able to file for USC next December). Does she have to go back to her country before anything can happen?

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    • #3
      she is basically sol...she lied to INS, etc, fraud, or phoney US citizenship claim. Nice people. Just the kind we want and need in the US.

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      • #4
        Its a bad situation. She entered under false documents, she is subject to a ban (lifetime??). And since she has no status, you probably cant file for her while she is here....

        her timeline might be this:
        Dec 03 - flies back home
        Dec 03 - I-130 filed
        Jan 03 - I-129f for k3 visa filed
        Sept 03 - K3 approved
        Nov 03 - interview , denied visa, barred
        Dec 03 - waiver filed
        Dec 04 - waiver approved/denied???

        Most likely her family will have to move to her country if they want to be united and that could hurt your waiver case...sorry.

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        • #5
          Did u married IN US?

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          • #6
            look for the 1-601 waiver, she may be eligible since she has a lpr spouse

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            • #7
              No .. She is not, unless I-130 filed and approve and she should be out of The US, and stay in her country for atleast two years. I understand that she has LPR spouse and USC kids too.
              Extreme hardship has to be proven in this case.

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              • #8
                (1) The age of the alien, both at the time of entry to the United States and at the time of application for suspension of deportation;
                2)(2) The age, number, and immigration status of the alien's children and their ability to speak the native language and to adjust to life in the country of return.
                (3) The health condition of the alien or the alien's children, spouse, or parents and the availability of any required medical treatment in the country to which the alien would be returned;
                (4) The alien's ability to obtain employment in the country to which the alien would be returned
                (5) The length of residence in the United States;
                6)The existence of other family members who are or will be legally residing in the United States;
                Alien has one brother who is legally residing in United States. Spouse and two children are US Citizen.
                (7) The financial impact of the alien's departure;
                (8) The impact of a disruption of educational opportunities
                (9) The psychological impact of the alien's deportation;
                (10) The current political and economic conditions in the country to which the alien would be returned
                (11) Family and other ties to the country to which the alien would be returned;
                12) Contributions to and ties to a community in the United States, including the degree of integration into society;
                13) Immigration history, including authorized residence in the United States;
                (14) The availability of other means of adjusting to permanent resident status.

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                • #9
                  Yes her husband can file on her behalf. Hopefully the 245(i) will come back...

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                  • #10
                    hi,

                    Why would you need a brother to be living in the usa to prove hardship Mohan? can you please explain this :
                    6)The existence of other family members who are or will be legally residing in the United States;
                    Alien has one brother who is legally residing in United States. Spouse and two children are US Citizen.

                    I think you should first wait until your husband is a USC then file for your paper...but yr case is kind of complicated..there is fraud in here..you will certainly have to file the waiver
                    I-601 as Mohan said and this is really really hard to be approved...good luck to you

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                    • #11
                      245i won't be back for years if ever. She won't get around the fraud or the ban probably.

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                      • #12
                        Sorry about that, that was an answer for the question in another case.. which is not related here.

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                        • #13
                          Thank all you guys with positive reponses.

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