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Mohan, Umesh, brownfox and others - really need help on this one!

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  • Mohan, Umesh, brownfox and others - really need help on this one!

    Someone revealed to me last night that he and his wife are here illegally and asked for advice on adjusting their status. I'm assuming they came without inspection or any legal documents. The dad has been here 12 years. The mom has been here 9 years. They have four US-born children, all of whom are school-aged. They file their tax return every year, both parents work, the dad is pretty fluent in English (mom speaks no English at all), and the dad is highly skilled in a specialized construction field. Mom is in the same field but has almost two years' experience - she is becoming more specialized but is still considered unskilled labor. His employer is not willing to sponsor him through employment. The kids are American, have never been to Mexico, and are speaking more English than Spanish now. Would this situation not involve extreme hardship if the parents/family were sent back? If at all possible they want to avoid using an attorney, because the rates can be so high. I'm not sure how to guide them. There are no issues of criminal records, nonpayment of taxes, or anything like that - although their SSNs are fake and they do not have, nor have ever had, valid INS ID. Brainpicking time, folks - can you help with this? Thanks for your help in advance. I'll be interested in your ideas!

  • #2
    They cannot do anything.

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    • #3
      The only way is to go to INS and apply for Cancellation of Deportation. This is risky also. They have filed Tax Returns and have US born children, so that have lot of changes. They will really need a good immigration lawyer to represent them. The problem with them is their fake SSNs but an Attorney should know better how to handle this situation. Beacuase this will a case of hardship to US born kids.

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      • #4
        Thanks, Umesh. I thought about the hardship angle, and I think that might be their best hope in this. What in your opinion is their chance of being detained if they go to apply? I know of a good immigration attorney not too far from them who could probably help.

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        • #5
          I agree wholeheartedly with Umesh here. Even though an immigration attorney is not inexpensive, in the long run the family will gain by having an experienced attorney deal with this situtation rather than sweeping it under the rug or let the family be broken apart.

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          • #6
            Thanks - they told me they'd just go in to INS and apply, but they have no idea what to do or where to start, and since there are no criminal records, tax problems, etc., I thought an attorney would be a good starting place, too. I'll pass on your suggestion, too. Thanks again!

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            • #7
              Have you checked if there's a legal aid society in the area where you live? Have you checked with your state's bar to see if they can steer you in the direction of a qualified immigration attorney?

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              • #8
                Linda,
                Both parents are entered without inspection. only clause 245 is apply to then, OR recent extended 245A Pablo case if they are fit in, check the requirements,
                As mom was here 9 years, I presume the children are small. First of all both the parents are not be able to adjust, they don'r have any sponsor, their children are small to sponsoring them. you need to be 18 to sponsor. There is no question for waiver because you have to have sponsor and then you should file and if you are eligible for AOS and your I-485 is approvable then only you can file for waiver.
                I don't know why they didnot file for 245I within time. Only option is to find sponsor, but again waiver is not allowed in work related unless they are qualify for 245i.
                Whatever you was told in previous posting is wrong.

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                • #9
                  MOHAN YOU ROCK

                  I was thinking the same thing..unfortunately theses guys came here illegally...that's the big deal...

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                  • #10
                    Wow, Mohan, what a complicated mess. When the 245I was extended I begged them and many others to go for it! They were all too afraid to try, even though they qualified. So you're suggesting the find a sponsor, like an employer? Do you think going to a lawyer is a waste of time and money for them, given their situation? I will check the INS web site about the 245i in the meantime. Thanks again!

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                    • #11
                      Yes , Its wastage of time and money. Let me explain you further.
                      To adjust You have to have the sponsor, then you look for under what Law you are intittle for AOS, then you look for if the waiver is allowed in that LAW.
                      If all the requirements met then You AOS.
                      The above case don't even have sponsor. How one can be adjusted? Forget about Waiver.

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                      • #12
                        Their only option is sponsorship thru employment but he has to wait for 245(i). His USC son has to be 21 y/o to petition his parents.It doesn't matter if he pays his taxes every year, it won't make it clear his status, it has nothing to do with it. Don't let them file anything yet because by doing they are getting the INS attention. They could be picked up anytime. The reason why his employer won't sponsor him because they knew his status, if they file his papers they will be caught harboring an illegal. If they bring back 245(i) then that would be the time to cure his illegalities here (of course with sponsorship by his employer. ) They really can't do anything right now, so just keep a low profile. Who knows, we might have a big surprise next year, take it easy..

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                        • #13
                          This situation is not unusual and is the reason why amnesties don't work. The idea (before) was to be able to register, just like every other immigrant, only those who were already here (although still not everyone could qualify), but instead of filtering out those who decided to leave rather than to complete the process, many ignored the process once again and stayed illegally, while 245(i) only encouraged more illegals to come, hoping for a third extension. The children seem young and could even benefit if the entire family left the U.S. Where is the hardship if the parents would be good parents/caregivers, no matter where in the world they live?

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                          • #14
                            Guest 2 raises an interesting point about the kids - I think they range in age from about 5 to 8, I'm not sure. They are good parents, but the kids are so assimilated to our language and culture that it's hard to say if they could adjust well. I don't know - it's a tough one, and I appreciate everyone's guidance on this. and please don't think I've overlooked the fact that they jumped the border and broke the law - I haven't, and like a lot of folks, that part ticks me off. What I have tried to do is what Mohan, Umesh, Brownfox and so many others here do - focus on the problem, try not to judge.
                            To Brownfox, sponsoring someone who is here illegally is considered harboring an illegal? Although that seems logical, I thought naively that by sponsoring someone, while the process was pending, that person was "OK" unless the request was denied. Thanks for the eye-opener. Let's all hope things get better.

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                            • #15
                              One can be illegal by overstaying but your friend came without inspection. Anybody who employs an illegal alien will be fined if caught, I guess $10,000.00 ? I'm not sure what the punishment is...His employer can not sponsor him because the only option to adjust is through 245(i) which had already sunset in April 2001. He could be sponsored by his USC son but he needs to be 21 Y/O to do this. One thing more, he can't adjust his status because he doesn't have any status in the first place. I know this is so hard for the family but this is the law.

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