Announcement

Collapse
No announcement yet.

My husband is illegal here...

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • My husband is illegal here...

    DOES ANYONE KNOW IF THERE ARE ANY NEW LAWS PROTECTING ILLEGAL IMMIGRANTS WITH FAMILIES HERE...WE'VE BEEN MARRIED FOR ALMOST THREE YEAS AND WE HAVE A BEAUTIFUL ONE YEAR OLD DAUGHTER TOGETHER..HE'S ALREADY ON DEPORTATION, BUT IT WAS AFTER WE WERE MARRIED THEY DID SO, AND THE CASE SAYS ON THE USCIS WEBSITE THAT IT IS STILL PENDING..WHAT THE **** IS GOING ON...ANY LEGAL ADVICE I CAN GET??

  • #2
    DOES ANYONE KNOW IF THERE ARE ANY NEW LAWS PROTECTING ILLEGAL IMMIGRANTS WITH FAMILIES HERE...WE'VE BEEN MARRIED FOR ALMOST THREE YEAS AND WE HAVE A BEAUTIFUL ONE YEAR OLD DAUGHTER TOGETHER..HE'S ALREADY ON DEPORTATION, BUT IT WAS AFTER WE WERE MARRIED THEY DID SO, AND THE CASE SAYS ON THE USCIS WEBSITE THAT IT IS STILL PENDING..WHAT THE **** IS GOING ON...ANY LEGAL ADVICE I CAN GET??

    Comment


    • #3
      OMG THAT WAS WEIRD...I DIDN'T PUT THOSE STARS IN THERE TO BLUR OUT A CURSE...MY COMPUTER IS GOING CRAZY...LOL

      Comment


      • #4
        let me ask you something..since you are married to an illegal and I plan to marry one soon.... when you get married, does immigration come kocking on your door to pick him up....does the state inform immigration of all us citizens marrying illegals??? do you know?? or its not till you file adjustment of status that immigration finds out?

        Comment


        • #5
          NO...THAT I THINK WOULD BE AN INVASION OF PRIVACY...I MARRIED MY HUSBAND THREE YEARS AGO IN AUGUST, AND THEY HAVEN'T CAME KNOCKING YET (KNOCK ON WOOD)

          Comment


          • #6
            No, curerrent law does not protect illegal immigrant who has no legal venues to immediately AOS , even if one has minor USC children or LPR parents/spouses.
            DHS has all and every legal right to knock on the door and pick up any known illegal person at any time of day or night, and they can do that as a matter of fulfilling their Federally mandated duties.



            But I also think :

            More deportations/separations of USC/LPR related families = more attention to problem, more noise in press, more chances that law would pass to protect this cathegory of people.

            Irony is that it is good for the common cause when individuals get deported under these unfavorable circumstances.

            Comment


            • #7
              why is your husband on deportation? what did he do? Antifascist, if an alien has no criminal record...which I am just assuming her husband has none, why would he be deported if they try to adjust his status?

              Comment


              • #8
                All depends on governing law and individual circumstances.

                If she is USC, married prior to deportation proceedings and her husband has no criminal records, then under current law he is eligible for AOS immediately.

                If USCIS for whatever reason contests that, it them must be settled in Court, before IJ, based on evidence in record.

                Regards,

                IE

                Comment


                • #9
                  Reply



                  ILW.COM Homepage discuss.ilw.com discuss.ilw.com Immigration Discussion

                  AF--does what you just said apply even IF her husband entered without inspection? Wouldn't he have to return to his home country while she applies for a waiver?

                  Comment


                  • #10
                    how about if the alien has a criminal record...would he then be deported regardless...even if he has been rehabilitated??? My fiancee has a record...he makes me really mad sometimes because I dont understand why he was so stupid when he was younger? I ask him constantly what the F U C K was going through his head when he was out with his friends acting a fool... ...now he says he regrets it, but sometimes I feel is to late....sometimes I feel hopeless, other times i try to be positive.....

                    Comment


                    • #11
                      Depends on what the criminal record/conviction is.
                      Murderers, drug peddlers and other criminals generally are not eligible for AOS(and justifiably so).

                      Consult professional immigration and criminal attorneys for further assistance.


                      Regards,

                      IE

                      Comment


                      • #12
                        If your husband entered with a valid visa but overstayed, he can adjust status even after several years of marriage, it does not matter. If the can show the judge he's been married to a USC the judge would most likely consider AOS as a venue for relief. However, if your husband entered without inspection there's very little that can be done in terms of AOS. There's actually some pretty outstanding opinions by the ninth circuit regarding the 212 waiver so, in theory, there's some hope.
                        With regards to the criminal record, only CIMT's are relevant when it comes to admission. An aggravated felony that is not a CIMT is not a bar to AOS (BIA, Matter of Mitchel). All convictions (and read CONVICTIONS ONLY) are considered by the IJ when deciding a case, they may not be a bar to AOS but they're considered when balancing the equity. However, note that marriage to a USC (specially a long lasting one) is a very special and heavy equity that tends to override convictions. (Matter of Battista, Matter of Cervantes).
                        You should contact an attorney now, time is critical if he's in proceedings. Showing PF evidence of IR status based on your bona-fide relationship should be a priority for you guys.
                        If the marriage occurred prior to the initiation of proceedings the regular AOS rules will apply. If not, you can still apply for the "bona fide" exception by showing evidence of your life together (if you have a child together that's very heavy equity, if you live together and share bills, that's also very important). According to CFR, the proceedings are initiated when USCIS issues the NTA, not before.
                        THIS IS NOT LEGAL ADVICE!.

                        Comment


                        • #13
                          AF--does what you just said apply even IF her husband entered without inspection? Wouldn't he have to return to his home country while she applies for a waiver?
                          No.

                          It also doesn't apply to him if he had amnesia, woke up one day at 4.35PM, went to the nearest grocery store, bought a bottle of energy drink and had suddenly his memory restored, upon which he recalled being a US born USC and found his Certificate of Birth as well

                          Comment


                          • #14
                            OKAY LET ME EXPLAIN SO YOU GUYS CAN HAVE A CLEAR PICTURE...HE HAS BEEN HERE SINCE HE WAS 7 YEARS OLD, IN 1999, HE WAS CONVICTED OF LEWD AND LASCIVIOUS ACTS WITH A CHILD. HE WAS 22 AND HIS GIRLFRIEND WAS 15. THEY HAD A CHILD TOGETHERE, THEY LIVED TOGETHER, NO ONE PRESSED CHARGES EXCEPT THE STATE. THE GIRLS MOTHER TESTIFIED THAT SHE WANTED THEM TO GET MARRIED AND SHE DID NOT OPPOSE TO THE RELATIONSHIP AND THE GIRL TESTIFIED THAT IT WAS CONCENSUAL.HOWEVER THE STATE STILL PRESSED CHARGES AND HE WAS SENTENCED TO 364 DAYS UPON HIS RELEASE HE WAS DEPORTED. MY GUESS...BECAUSE HE WAS CONVICTED OF AN AGGREVATED FELONY. HE HAS NO FAMILY IN HIS COUNTRY ALL HIS BROTHERS MOTHER FATHER SON EVERYONE IS HERE. SO HE CAME BACK ILLEGALY IN 2001. AND THEN WE MET AND WEVE BEEN TOGETHER FOR 4 YEARS. WE HAVENT GOTTEN MARRIED BECAUSE HE IS AFRAID WHEN WE APPLY FOR A MARRIAGE LICENSE HELL BE DEPORTED AGAIN. WHEN HE WAS CONVICTED HE ALREADY HAD HIS WORK PERMIT AND WAS JUST WAITING FOR HIS GREEN CARD. SO WHAT DO YOU GUYS THINK?

                            Comment


                            • #15
                              I have a question for you, Engaged.

                              Are you also 15?

                              Comment



                              Working...
                              X