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  • Legalization

    Hello,

    I have a friend that came to the US with his uncle's US passport and he now wants to legalize his stay in this country. What are his choices?

    Thank you.

  • #2
    Hello,

    I have a friend that came to the US with his uncle's US passport and he now wants to legalize his stay in this country. What are his choices?

    Thank you.

    Comment


    • #3
      Hi Jay,

      He used his uncle's passport to enter????

      Comment


      • #4
        YUp, he used his uncle's US passport to enter and needs to know his choices on legalization within the US. Is that possible?

        Thanx.

        Comment


        • #5
          I don't like to be the bearer of bad news, Jay, but it doesn't look good for him.

          Comment


          • #6
            Hello Jay


            Has your friend married a USC or is planning on marrying a usc?

            If so, it may be possible

            Comment


            • #7
              On what basis is he seeking to legalise his position.

              Comment


              • #8
                he is looking at marrying his US citizen girlfriend. I assume he is here illegally due to the nature of entry which is no different than crossing the border, in that case how is it possible to legalize while remaining in the US since all illegals are being told to return to their countries to file their papers regardless of the grounds of petition due to the fact that you have to produce an I-94 arrival card at the time you are filing a legalization petition?

                Thanx.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hello,

                  I have a friend that came to the US with his uncle's US passport and he now wants to legalize his stay in this country. What are his choices?

                  Thank you. </div></BLOCKQUOTE>

                  Sorry if I ask you this....

                  What part of legal your friend did not understand?

                  are you aware that this is a serious crime?


                  http://www.state.gov/m/ds/rls/80974.htm

                  http://www.whitehouse.gov/news/relea...0040715-3.html

                  your friend need some legal advice from a lawyer.

                  Comment


                  • #10
                    My question essentially is that; If one is here illegally (border-crossing, false passports, etc), what options does he have to legalize himself while remaining in this country?

                    I know its a crime and I also already know the answer to my question, which I have already explained to him but I want it coming from someone else's mouth.

                    Thanx.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Jay A:
                      he is looking at marrying his US citizen girlfriend. I assume he is here illegally due to the nature of entry which is no different than crossing the border, in that case how is it possible to legalize while remaining in the US since all illegals are being told to return to their countries to file their papers regardless of the grounds of petition due to the fact that you have to produce an I-94 arrival card at the time you are filing a legalization petition?

                      Thanx. </div></BLOCKQUOTE>


                      Who told you that nonsense?


                      There are different circumstances for illegal.

                      If a person came in inspected and overstayed, the overstay is forgiven by marriage to us citizen. alien does not have to return to country, and may adjust status in usa.

                      If person is EWI/sneaked in over border uninspected, then that person must return to country of origin to adjust status. ( Only those who had a i-130 filed on or before 4/30/2001 would be an exception to that rule.)


                      If you friend came in on false passport, then there may be options for him if he is marrying a us citizen, and he is of good moral character, otherwise.

                      Have your friend speak to experienced immigration attorney about 212 waivers and 601 waiver. Again, make sure the attorney has experience in this type of case, otherwise you will be spinning wheels and wasting money.

                      Good Luck and let us know outcome.

                      Comment


                      • #12
                        I'll just give you my opinion ok.
                        I'll remind you THIS IS NOT A LEGAL ADVICE
                        and Pls contact a lawyer.

                        NO OPTION.

                        Illegal entry or border crosser can only adjust
                        status base on marriage if they are covered by section 245(i).

                        A border crosser and false passport are two different things.

                        A border crosser can go back home and get a 10 year barr before re-entry.

                        False passport ( using another person identity)
                        is a crime.. He can go to jail and get ban for life for re-entry.

                        Like I say it's just my own opinion.
                        Consult a lawyer.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by speed_025:
                          I'll just give you my opinion ok.
                          I'll remind you THIS IS NOT A LEGAL ADVICE
                          and Pls contact a lawyer.

                          NO OPTION.

                          Illegal entry or border crosser can only adjust
                          status base on marriage if they are covered by section 245(i).



                          <span class="ev_code_RED">False. EWI cannot adjust status on usa soil unless covered under 245I . EWI can adjust status if 601 waiver is approved to overcome the ban, but must return to home country for this.</span>

                          A border crosser and false passport are two different things.
                          <span class="ev_code_RED">TRUE</span>

                          A border crosser can go back home and get a 10 year barr before re-entry.

                          <span class="ev_code_RED">EWI is not to be confused with person who uses border crossing pass. EWI must return to home country and face 3/10 yr bar. Waiver will have to be approved to overcome the bar before re-entry is allowed.</span>

                          False passport ( using another person identity)
                          is a crime.. He can go to jail and get ban for life for re-entry.

                          <span class="ev_code_RED">There are waivers available to overcome fraud and misrepresentation like this in many cases. 601 would need to be filed. and 212 if applicable. These would be in cases where adjustment of status would be based on marriage to usc


                          The Misrepresentation Waiver

                          The Immigration and Nationality Act provides a waiver to individuals who are found inadmissible under §212(a)(6)(C)(i) for committing fraud or willful misrepresentation of a material fact at to any DHS officer (whether by lying, using false documents, or otherwise attempting to gain lawful entry into the US by fraudulent means). Whether a statement or document submitted is "material" depends on whether the statement or false document presented would make the immigrant excludable or shut off a line of inquiry which may have resulted in exclusion from the U.S.

                          The requirements for the waiver are:
                          (1) The applicant must be the spouse, son, or daughter of a U.S. citizen or alien lawfully admitted for permanent residence; AND
                          (2) The refusal of admission to the United States would result in extreme hardship to the citizen or LPR relative.

                          Extreme hardship is not defined by the statute but depends on caselaw and the factors of each individual case (see discussion above related to extreme hardship). A formal finding of marriage fraud results in a lifetime bar to any issuance of an immigrant visa. A finding of misrepresentation, though, may be waived by this special 212(i) waiver.</span>

                          Like I say it's just my own opinion.
                          Consult a lawyer. </div></BLOCKQUOTE>

                          One of the things that has made ILW one of the best boards to come to 4advice is that posters get competent and accurate advice. Other boards offer a lot of advice based on posters opinions and NOT guided by facts, statutes or immigration code/law. Hence leaving the poster with wrong information based on people's opinions.

                          I hope this board will not start adopting other boards' practices with the same approach of people just offering their opinions that may very well be mistaken for correct answer when it in fact is not.

                          Comment


                          • #14
                            I said it is my own opinion READ!!!
                            NOT A LEGAL ADVICE!

                            Comment


                            • #15
                              Like I said JAY...

                              Do see a lawyer before trying to apply with
                              anything.Right now the US is very particular
                              of identity fraud due to terrorism.Seek some legal advice.

                              Comment



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