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need some advice re: w/o inspection immigrant

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  • need some advice re: w/o inspection immigrant

    Hypothetical
    Immigrant from Mexico entered w/o inspection 5+ years ago. Married (presumably valid in U.S. state) to U.S. citizen with child 1+ yoa who is born in U.S.

    ???'s
    --Can he stay in country while application is filed?
    --If so, are there any special requirements he must follow?
    --If not, what is best and fastest way to leave/re-enter?
    Thanks for the help!

  • #2
    Hypothetical
    Immigrant from Mexico entered w/o inspection 5+ years ago. Married (presumably valid in U.S. state) to U.S. citizen with child 1+ yoa who is born in U.S.

    ???'s
    --Can he stay in country while application is filed?
    --If so, are there any special requirements he must follow?
    --If not, what is best and fastest way to leave/re-enter?
    Thanks for the help!

    Comment


    • #3
      Couple of things to know before advise.
      Did he mentioned him as father of child on birth certificate,?
      Did he work under his name/applied for any sort of document/any criminal offence/fingerprinting/Bank account/DMV record. etc etc?
      Any other fraud Involved?
      ANytime caught by the INS?

      Post the history.

      Comment


      • #4
        Assuming name on birth certificate of child.
        Working under given name.
        No INS involvement.
        No criminal record.

        Comment


        • #5
          Name on the child's birth certificate will prove the illigal presence within United state. witch makes you inadmissable and deportable. IF you leave( self deported) you will be bar to re-entered. The waiver is available for that but it depends upon your situation if you will get the waiver or not.I,m not sure.
          you will be required two waivers. their was a way around if there were no name on birth certificate but your situation, I can't see any help around.
          talk to a lawyer in your area, they might have some solution, i wonder.

          Comment


          • #6
            What if name not on birth certificate?

            Comment


            • #7
              New info just in.
              Name is on birth certificate.
              Was fingerprinted by local police after traffic stop but no convivtion.

              Referred him to immigration atty here in town. Wanted to help him as he was friend of client. Any thoughts on this situation would be appreciated though as it may come up in future. Would also like reference to good resource I can read if anyone knows of one. Bought two books from big-chain store on immigration written by atty's but they do not speak much about procedures for illegals in US. Thanks for the help.

              Comment


              • #8
                The info you provided make him illigal within the US and service knows about it. above answer is apply. he will be deported if caught . talk to lawyers. these boks didnot explain everything and may be outdated. if you want to read the Law got to INS Law Database.

                Comment


                • #9
                  The only option is wait for 245(i) because he is EWI case. It may or may not be passed again but who knows, with the election coming in next year, anything could happen. There is no relief for him right at this moment.

                  Comment


                  • #10
                    Why not apply for adjustment now? Marriage to a citizen should get him the waiver for being here w/o inspection. I don't think he'd be detained and even if he were, he could get out on bond. Anyway, I think the INS would wait to act pending the resolution of his application for adjustment. And if they didn't, then he'd still have the marriage argument. Hypothetically speaking.

                    Comment


                    • #11
                      Being married to a USC will pardon a lot of things but there is an list of things that renders a person ineligible for AOS, one of those things is entering without inspection.

                      http://www.ins.gov/graphics/howdoi/LPReligibility.htm#k

                      Comment



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