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    I am an illigal immigrant from mexico. I am married to a U.S citizen we have 2 children together. we are trying to look into getting my papers fixed but we dont even know were to start we have no money for a lawyer we are trying to do this on our own. does anybody have any advice. I have lived in the U.S all my life my son is 9 i have ben married for 7 years. thx

  • #2
    go back to Mexico....the same whining from those border jumping snotrags who thumbed their unwashed noses at our laws, and then bleat like sheep...."oh, I just wanna be legal and have papers..."...excuse me, but where were those thoughts when you snuck across the border of MY country, pendeja???? You want papers, buy a six pack of Charmin.

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    • #3
      You can adjust status here or obtain an immigrant visa at an American Embassy or Consulate in Mexico. You should get an attorney to assist you.

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      • #4
        Thanks for asking or atleast thinking of getting legal status. If everyone gets the straighten out then everyone will pay taxes and its win win situation for everyone.

        In your case, Right now there is no way to get your paper work without getting out of this country UNLESS, you are here before sept 30 1996 and you can prove that.
        Illigal immigration reform act of 1996 was implement on that date and came into action on april 1st 1997, if you are before here before the date , you are grandfathering the IIRIRA act of 1996 and there is a chance to get your papers, because before the date law was different and alien himself can show haedship to himself and get adjusted regardless of illegal entry. You need to see the attorney . there are many pro bono attorney who can help you without money if you have less income. good luck.
        Its a discussion, not a legal advise..

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        • #5
          www.immigrate2us.net

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          • #6
            Very nice post Mohan, I think it must have helped silva getting it resolved. Great post! Good Luck
            <hr />
            watch tv shows || watch tv shows online

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            • #7
              Originally posted by mohan:
              Thanks for asking or atleast thinking of getting legal status. If everyone gets the straighten out then everyone will pay taxes and its win win situation for everyone.

              In your case, Right now there is no way to get your paper work without getting out of this country UNLESS, you are here before sept 30 1996 and you can prove that.
              Illigal immigration reform act of 1996 was implement on that date and came into action on april 1st 1997, if you are before here before the date , you are grandfathering the IIRIRA act of 1996 and there is a chance to get your papers, because before the date law was different and alien himself can show haedship to himself and get adjusted regardless of illegal entry. You need to see the attorney . there are many pro bono attorney who can help you without money if you have less income. good luck.
              mohan , it's not best thing to do to advise people to apply for benefits they will be immediately found ineligible for.

              The 1996 law came into effect on April 1st 1997, that much is accurate, but nowhere in IIRIRA does it say that you can apply past that date for benefits merely because you were here on the date when statute allowed you to.

              For all those who need legal advise: go get a good immigration attorney.
              http://www.anbsoft.com/images/usflag_med.jpg

              "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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              • #8
                Dear Mr. OldE,
                I agree that Illegal immigration reform act mute on Past benifits but It also does not say anywhere that alien cannot grandfathered the act of 1996 and cannot put himself/herself under IMMACT 90. I am trying to say that there is a way to get adjusted if alien has enough proof.
                If I am correct there are cases exists in the Database that are very similar to this situation. I think Valarde pacheeco case is one of them too. ( prior stay , filed I 130 , approved , AOS denied because change of LAw anf then appeal and finally granted AOS) /There are many cases put in front of the IJ where alien granfathered Act 1996 and Was allowed to filed Suspension of deportation because they fell in old immigration law. Under new act Suspension does not exist either but in court suspension are still granted.
                I was surprised myself on MAy 18th 2010 in court when IJ granted voluntary departure to one Alien ( guatemalan) under old law and awarded 18 months time to depart. Under the new LAw IJ is not allowed to grant more then 90 days under any circumstances.
                Furthermore these flaws needs to be addressed thats why Immigration needs reform.
                Its a discussion, not a legal advise..

                Comment


                • #9
                  Originally posted by mohan:
                  Dear Mr. OldE,
                  I agree that Illegal immigration reform act mute on Past benifits but It also does not say anywhere that alien cannot grandfathered the act of 1996 and cannot put himself/herself under IMMACT 90. I am trying to say that there is a way to get adjusted if alien has enough proof.
                  If I am correct there are cases exists in the Database that are very similar to this situation. I think Valarde pacheeco case is one of them too. ( prior stay , filed I 130 , approved , AOS denied because change of LAw anf then appeal and finally granted AOS) /There are many cases put in front of the IJ where alien granfathered Act 1996 and Was allowed to filed Suspension of deportation because they fell in old immigration law. Under new act Suspension does not exist either but in court suspension are still granted.
                  I was surprised myself on MAy 18th 2010 in court when IJ granted voluntary departure to one Alien ( guatemalan) under old law and awarded 18 months time to depart. Under the new LAw IJ is not allowed to grant more then 90 days under any circumstances.
                  Furthermore these flaws needs to be addressed thats why Immigration needs reform.
                  Hi mohan

                  Can you tell me where that ruling was made and who was the party granted benefit ?

                  The IJ doesn't have authority to make ruling which is against the law.

                  What i think might be the case is that you are talking about beneficiary of 1990 Act , under which anyone who entered before it's enactment is grandfathered and could apply for benefits long after it's passage as long as one fell under one of the categories spelled there.

                  The 1996 law is different and only people who got grandfathered for suspension of deportation and other pre-1997 benefits were applicants who were eligible for and applied for those benefits prior to new law taking effect.

                  There were also some number of applicants who applied before April 2001 and were grandfathered under 245(i) but those were beneficiaries of 2000 Life Act.
                  http://www.anbsoft.com/images/usflag_med.jpg

                  "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                  Comment


                  • #10
                    one example I already wrote in posting above. 245(i) is different issue for those who was physically present within US and filed I 130 prior to that date or on same day. $ 1000 panelty issue does not apply for the origional poster.

                    I was in present in court hearing on 18th june just couple of day age in Judge Alberto J. Reifkohl's court and I witnessed myself
                    Origional poster said the she was within US long time, She must have been proof for that. Once she will file for I 130 and 485 package, she will get approval on 130 byt AOs will be denied because of illegal entry, she will be put into Removal and NTA will be issued. once she go to court then she will have two choice.
                    I) file cencellation of removal for 10 year physical entry and hardship to USC, and get adjusted. OR Pro bono atorney can fight the case to convert removal into suspension that have less hardships then Removal and get her adjusted. ( this argument only be filed if alien does not have enough USC /LPR hardship, its not necessary otherwise)
                    2) Although the NTA is the present procedure ( previously OSC), it can still be looked at the angle of suspension because alien have the proof of longer stay within USA. Living USA all her life may have solid evidence to prove that.
                    I can get you specific info on the ruling when I will be in court next time. I will ask victor lee.( hewas the Govt attorney on tha case)
                    Its a discussion, not a legal advise..

                    Comment


                    • #11
                      just to let you know if I have something which I witness or Think Its possible then Only I render my opinion. she can ask legal attorney and explore the venue laid here.


                      Just one example of Suspension updated in yr 2009, way after 1997.
                      read the link.

                      http://www.uscis.gov/portal/si...CM10000048f3d6a1RCRD
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        Originally posted by mohan:
                        one example I already wrote in posting above. 245(i) is different issue for those who was physically present within US and filed I 130 prior to that date or on same day. $ 1000 panelty issue does not apply for the origional poster.

                        I was in present in court hearing on 18th june just couple of day age in Judge Alberto J. Reifkohl's court and I witnessed myself
                        Origional poster said the she was within US long time, She must have been proof for that. Once she will file for I 130 and 485 package, she will get approval on 130 byt AOs will be denied because of illegal entry, she will be put into Removal and NTA will be issued. once she go to court then she will have two choice.
                        I) file cencellation of removal for 10 year physical entry and hardship to USC, and get adjusted. OR Pro bono atorney can fight the case to convert removal into suspension that have less hardships then Removal and get her adjusted. ( this argument only be filed if alien does not have enough USC /LPR hardship, its not necessary otherwise)
                        2) Although the NTA is the present procedure ( previously OSC), it can still be looked at the angle of suspension because alien have the proof of longer stay within USA. Living USA all her life may have solid evidence to prove that.
                        I can get you specific info on the ruling when I will be in court next time. I will ask victor lee.( hewas the Govt attorney on tha case)
                        yes, if you get a chance please post the relevant case title and brief summary if it's not searchable internet.

                        i don't question possibility of IJ granting benefit, but i wonder how could IJ make ruling under pre-1996 law if proceeding started anytime after?

                        Because the law is very clear about it. Even if you came to US inspected and have LPR relative who would suffer extreme hardship you can't qualify for any benefit of cancelled removal (must be an extremely unusual hardship to LPR and minimum 10 years physical presence in US prior to start of proceedings).

                        The pre-1996 law (enacted 1997) allowed for suspension of deportation by IJ if alien could show extreme hardship to himself, was present in US for 7 years prior to proceedings and applied for it anytimne before enactment of 1996 law (which took effect in 1997).

                        How could IJ apply pre-1996 statutes to 2010 ruling without conditions described above being met?
                        http://www.anbsoft.com/images/usflag_med.jpg

                        "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                        Comment


                        • #13
                          Originally posted by mohan:
                          just to let you know if I have something which I witness or Think Its possible then Only I render my opinion. she can ask legal attorney and explore the venue laid here.


                          Just one example of Suspension updated in yr 2009, way after 1997.
                          read the link.

                          http://www.uscis.gov/portal/si...CM10000048f3d6a1RCRD
                          That example applies to NACARA (1990 Act i mentioned above) , with following instructions:


                          Special Instructions :

                          You may use this form only if:

                          *
                          You are a national of El Salvador or Guatemala,
                          *
                          You were, on December 31, 1991, a national of Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, Poland, Soviet Union or any republic of the former Soviet Union, Romania, Russia, Yugoslavia or any state of the former Yugoslavia, or
                          *
                          You are a spouse, child or unmarried son or daughter of one of the above described nationals.
                          *
                          AND if you meet the specific criteria outlined in Parts 1 and 2 of this form.
                          http://www.anbsoft.com/images/usflag_med.jpg

                          "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                          Comment


                          • #14
                            yes its NACARA but its still suspension. let me find the case and I will post it.
                            Its a discussion, not a legal advise..

                            Comment


                            • #15
                              read this case and keep notice of dates and occurances.

                              http://www.ilw.com/immigration...002,0308-Velarde.pdf

                              alien was deported on oct 1997. after the inhanchment of Act 1996.
                              even marriage occured in 1999.
                              son born in 1999.
                              he was adjusted.
                              Its a discussion, not a legal advise..

                              Comment



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