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  • Green card holder marying illegal

    USC can petition Illegal spouse. Can LPR petition Illegal?

  • #2
    USC can petition Illegal spouse. Can LPR petition Illegal?

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    • #3
      Affirmative.

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      • #4
        AF/IE,Why Almost every single immigration lawyers recommends LPR holder to become citizen in order to sponsor illegal spouse. Is it because USC's processing time is faster than LPR sponsor?

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        • #5
          That's one reason (not having to wait for a visa number). Another one is in the event of the illegal status is due to an overstay, he/she can adjust status without having to leave the US first. This privilege is limited to those whose spouse is an USC.

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          • #6
            marmaduk is incorrect.
            Once Visa is available (PD Current), spouses of LPR are subject to the same AOS rules as USC spouse.

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            • #7
              If the illegal spouse has to go back to his/her origin country, Does that person has to wait for 10 years due to overstay violation? is there any waiver?

              thanks mmaduk

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              • #8
                AF, Can the illegal spouse remains in the USA while waiting for the Visa number? Can that person get AED?

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                • #9
                  1. It all depends on specific circumstances (EWIs must be processed abroad. Simple overstays are not required to go home if AS through immediate USC/LPR relative).

                  2. Waivers (I-601) for 3-10 year bars do exist.

                  3. As a spouse of LPR one is not eligible for any immigration benefits until the PD is current (V Visa is no longer issued).

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                  • #10
                    While awaiting the PD to be current, what is the immigration status of that illegal spouse if he/she insists to remain the US ( if cannot remain in US, Can he/she be deported and bar to get legal status forever since he/she violates immigration law for being overstay and remains in the US while waiting for current PD)

                    Thanks AF/IE.

                    By the way, your prediction on Comprehensive Immigration Reform is very close to become reality!

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                    • #11
                      I have extraodrdinarily bright, super-intelligent mind - no wonder my predictions are closer to reality than that of many others!

                      As to LPR spouses, I reccomend you to visit www.immigration.com, they have special threads there you may find to be interesting and that will answer some of your concerns.
                      See-

                      http://boards.immigrationportal.com/...308c472a&f=202

                      To specifically answer your question "Can he/she be deported and bar to get legal status forever since he/she violates immigration law for being overstay and remains in the US while waiting for current PD".

                      1. Yes, can be deported.
                      2. Bar for 180-365 overstay is 3-10 years, not forever.


                      P.S. My prediction on Immigration Reform:

                      1. No law or Enforcement ONLY law passed in 2006.

                      2. EO definitely passed in 2007 if not 2006.

                      3. Resourses allow for deportation of hundreds of thousands of people (may be couple of million at most).

                      4. Great majority of illegals will remain, media will report on "horrendous stories of torn families, broken businessess and suffering USC children/LPR spouses".

                      5. Public opinion will gradually turn in favor of full and unconditional Amnesty.

                      6. Remaining illegals will get LPR under the Amnesty akin to 1986 Reform.

                      7. Stages "1" through "6" can take as long as a decade (could even be more), though there is also possibility of accelerated process, whereby it all happens in a matter of 2-3 years.


                      Regards,

                      IE

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                      • #12
                        Look at 245(c). It restrict AOS from those who violate their immigration status (illegal due to overstay, working without authorization). Only one exempt is spouses of USC. Spouse of LPR won't be able to adjust from within the US if they've illegal status due to overstay,etc, regardless of the PD.

                        There's a reason why those lawyers recommend getting USC first.

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                        • #13
                          marmaduk, if I copy-paste the statute that proves you wrong, can you then promise that you won't use your LieMaster screenname again?

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                          • #14
                            You're the only that can make that promise E, considering LieMaster is one of the many userid you've used here. Off course, unless the admin already locked that userid.... the decision has been made for you.

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                            • #15
                              Says who?
                              Yes, LieMaster!

                              So, if I copy-paste the statute that proves you wrong will you promise not to post under LieMaster ID again?
                              Yes or No?

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