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  • Advise from people with the appropriate knowledge.

    My Friend is an haitian immigrant that entered the US legally. However he overstayed his visa and has since been living here illegally for about three and a half Years, He met a LPR and they were married about six months ago. There marriage is love and not a sham. My questions are:
    1. Can his wife apply for adjustment of status, since she is only a permanent resident?
    2.Since he entered legally, is he subject to any bans or will he have to return to his country for any processing?
    3. What are the necessry steps that he should take with regards to his situation?
    4. What are his chances of attaining legal status.
    5.Is it necessary for her to wait until she becomes a citizen to apply for him?
    thank you in antcipation. Your response is grealy appreciated.

  • #2
    My Friend is an haitian immigrant that entered the US legally. However he overstayed his visa and has since been living here illegally for about three and a half Years, He met a LPR and they were married about six months ago. There marriage is love and not a sham. My questions are:
    1. Can his wife apply for adjustment of status, since she is only a permanent resident?
    2.Since he entered legally, is he subject to any bans or will he have to return to his country for any processing?
    3. What are the necessry steps that he should take with regards to his situation?
    4. What are his chances of attaining legal status.
    5.Is it necessary for her to wait until she becomes a citizen to apply for him?
    thank you in antcipation. Your response is grealy appreciated.

    Comment


    • #3
      It is not necessary for them to wait for her citizenship, but it will be wise to do so. Yes, the ban will apply if he returns to his country or decides to do consular processing instead of AOS.

      They should wait till she gets citizenship, and then apply for immigrant visa and AOS. Illegal stay will be forgiven in case of being married to a citizen, but do not leave the country.

      Comment


      • #4
        1) LPR can not sponsor the aos of an overstay/out of status/illegal person.

        2) Since his wife is not a USC, he has no recurse to remain here.

        3) if he had some proper visa and/or without any U.S. immigration law violations, waiting in his homecountry, you could apply for his K-3(spouse), I-486 (AOS), I-130 (work auth). In addition to all of this now you need at a minimum I-601 waiver of inadmissibilitiy too (for the 3+ yrs. overstay he has a 10 yr ban on legal reentry) and since he's here he's removable as well, not eligable for chancelation as far as I can see unless you had a terrible medical conditions that he does or needs to take care of..
        4) it depends how much you want to pay for a good attorney, but considering the short duration of your marriage, your status, the long violations of his overstay, it's rather unlikely.

        conclusion: It is very necessary for the LPR wife to obtain naturalization, because you will not be able to sponsor an out of status person. If all conditions were perfect, such as that your husband didn't break any laws overstaying his visa and he'd be waiting back home it would take about 5 years for you to sponsor him as an LPR. Now that he's here you've got a big problem yourself, because during your naturalization you will have to prove that you didn't know about his status underwise you could end up being accused of harboring an illegal alien and endangering your own LPR status. Very very complicated, get a good attorney!

        Comment


        • #5
          I am tryin to help a friend because she was taken advantage of or so I have been told. She was approached at a time in her young life when she was in desperate need of $. She married an alien and has not seen him since (or anything else for that matter). They have been married since 1998 but has never lived together. She can't find him though he promised a divorce once he received his GC.What can she do besides go to jail?

          Comment


          • #6
            First of all, thank you all for responding to my Questions. However, someone12 in case you forgot, he is my friend and i care about him, and that's the initial reason why i asked this question. Nobody said ATTENTION SOMEONE12! It clearly states "advise from anyone with the appropriate knowledge." a word of advise;I hope that you take the time to read before you open your mouth again! Have a great day!

            Comment


            • #7
              Savingnik

              Plese start your own topic about this. this is the 2nd time I see u jump in a thread with a question unrelated to the topic at hand. it is inappropriate.

              someone will be happy to help you. just please follow the protocols here

              Comment


              • #8
                ups the ILW Compliance Officer came to scene, you better listen Savingnik or you might get jail term or be fined!

                Comment


                • #9
                  Someone12,
                  Please read the advice Pandora gave and you'll get an idea why people post on this board. They (we) don't post just for you to trash us. If you don't have the advice or something good to say, please say nothing at all.
                  Everybody (by now) know that you are a law abiding American, never making mistakes and judging everyone else by one mistake they did make. You don't have to tell us everytime.

                  Comment


                  • #10
                    Guys:

                    People come here for advice.

                    They should not have to defend themselves.

                    Please play nice!
                    Sweet Madame Belu

                    Comment


                    • #11
                      I don't think people should be asking others advice on how to help them circumvent the Immigration laws of this country either.

                      Comment


                      • #12
                        I HAVE the knowledge and sure I COULD tell you how to circumvent the laws in a way that your "friend" could get a gc but I wouldn't tell you because your "friend" shouldn't be here.

                        Comment


                        • #13
                          wait a minute. i thought all haitians, similar to cubans -- get instant gc's as soon as they apply here. a "blanket" amnesty.

                          -= nav =-

                          Comment


                          • #14
                            BronzeLady:

                            Why are you wasting everyone's time with a.s.sinine comments like your last one?

                            I came to this board for help to adjust my OVERSTAY husbands status. You got anything to say to ME?

                            This is a PRO immigration forum, so spread your doom elsewhere. There are plenty of K.K.K. and Nazi forums for peabrains like you.

                            OPINIONS LIKE SOME I'VE SEEN ON THIS THREAD DO NOT BELONG ON THIS FORUM!

                            Moondin:

                            Isn't that amnesty for "boat people?"

                            P.S. I can't believe you met Slash!
                            Sweet Madame Belu

                            Comment


                            • #15
                              The same thing I would say to anyone in your situation.....be careful. I hope things work out for you and you never have cause to regret it. The fact still remains that your husband is a lawbreaker and by circumventing the laws he is hindering someone who played by the rules from getting their gc in a timely manner.

                              Comment

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