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Being an illegal for 10 years

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  • Being an illegal for 10 years

    I am posting this on behalf of my friend.
    She is here for about 10 years with her husband and he has still pending a petition H1B. Unfortunatelly, their lawyer made some mistakes too so ... this petition was still not processed.
    They have 2 kids - one was born abroad and one in US.
    Hovewer their marriage is breaking apart, he is cheating on her and badly humiliating her and she does not know what to do.
    Since her husband filed the papers, he is still so so ok but she is not as her older kid.
    They were adviced that after his petiton is approved she can file too and adjust her status but they say this may take about 2 years after his petition is approved. But she has to play a nice wife all the time which may or may not work because he is threatening her with divorce too.
    He does not let her work either.

    What do you think - is there another option for her to adjust the status? I know that divorce and marrying USC may be a solution but besides that?
    I am so worried because she is really very desperate because being so dependent on somebody like that ...
    さん,がんばれ!

  • #2
    I am posting this on behalf of my friend.
    She is here for about 10 years with her husband and he has still pending a petition H1B. Unfortunatelly, their lawyer made some mistakes too so ... this petition was still not processed.
    They have 2 kids - one was born abroad and one in US.
    Hovewer their marriage is breaking apart, he is cheating on her and badly humiliating her and she does not know what to do.
    Since her husband filed the papers, he is still so so ok but she is not as her older kid.
    They were adviced that after his petiton is approved she can file too and adjust her status but they say this may take about 2 years after his petition is approved. But she has to play a nice wife all the time which may or may not work because he is threatening her with divorce too.
    He does not let her work either.

    What do you think - is there another option for her to adjust the status? I know that divorce and marrying USC may be a solution but besides that?
    I am so worried because she is really very desperate because being so dependent on somebody like that ...
    さん,がんばれ!

    Comment


    • #3
      did your friend ever been in Deportation or rmoval proceedings? Means did she evern received OSC or NTA?
      Do she have proof that she is in US for more then 10 years?
      How about moral , etc? any criminal history?
      she may be able to get adjusted to her own. talk to any good honest attorney.
      Draw back: she has to put herself into removal proceedings if she never been in one. Risk she has to take.
      Its a discussion, not a legal advise..

      Comment


      • #4
        Mohan,
        Can you explain in more details how to go about filing if someone has been here for more than 10 years. I know someone who might benefit.
        thanks

        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
        did your friend ever been in Deportation or rmoval proceedings? Means did she evern received OSC or NTA?
        Do she have proof that she is in US for more then 10 years?
        How about moral , etc? any criminal history?
        she may be able to get adjusted to her own. talk to any good honest attorney.
        Draw back: she has to put herself into removal proceedings if she never been in one. Risk she has to take. </div></BLOCKQUOTE>

        Comment


        • #5
          The risk involved of removal ist not so easy to be determine that , if cencellation of removal is right choice. I can explain only if the case is in the situation, because ther are many other aspects involved. Unusual hardship is one of them. it should be very clear that alien met the Prima facie eligiblity before he take any step... one has to scale himself first on hardship scale.... wrong advise lead to wrong decission too so. I am not sure if i can go further and explain all the factors...
          Its a discussion, not a legal advise..

          Comment



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