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Results 1 to 4 of 4

Thread: Please help!

  1. #1
    Hello,

    My cousin is a German Citizen who came here to the United States on vacation (Visa Waiver Program) with my aunt, uncle, and my younger cousin 3.5 years ago. My older cousin graduated high school with a GPA of 3.96 in May 2004. After my cousin finished high school, my aunt and uncle (both illegal) got married here in the United States in front of the court as well as the church. They have been working very hard since 2001 and would really like to stay in the United States since they have developed a lot of great friends and contacts during the period that they stayed here. However now my cousin is trying to become legal so he can do everything else a 19 year old can do; Right now as it stands he can't drive, work, or even go to college. My younger cousin also just started elementary school here in the United States. My extended family is very much evolved with their church, and has come really far from being on welfare in Germany, to the whole family working, and having no benefits, or any insurance while paying all the medical bills themselves. Also my cousin has recently met a girl that he is head over heals for and is thinking about marriage, however I told him to hold off because it would break her heart if he would be deported since all of her family lives in the United States, and she doesn't want to stay away from Family. So if anyone could give me some advice on how to handle this very difficult issue it would really be appreciated.

    Best Regards

  2. #2
    Hello,

    My cousin is a German Citizen who came here to the United States on vacation (Visa Waiver Program) with my aunt, uncle, and my younger cousin 3.5 years ago. My older cousin graduated high school with a GPA of 3.96 in May 2004. After my cousin finished high school, my aunt and uncle (both illegal) got married here in the United States in front of the court as well as the church. They have been working very hard since 2001 and would really like to stay in the United States since they have developed a lot of great friends and contacts during the period that they stayed here. However now my cousin is trying to become legal so he can do everything else a 19 year old can do; Right now as it stands he can't drive, work, or even go to college. My younger cousin also just started elementary school here in the United States. My extended family is very much evolved with their church, and has come really far from being on welfare in Germany, to the whole family working, and having no benefits, or any insurance while paying all the medical bills themselves. Also my cousin has recently met a girl that he is head over heals for and is thinking about marriage, however I told him to hold off because it would break her heart if he would be deported since all of her family lives in the United States, and she doesn't want to stay away from Family. So if anyone could give me some advice on how to handle this very difficult issue it would really be appreciated.

    Best Regards

  3. #3
    From a State Dept. site (note the prohibition on adjustment of status):

    NOTE: Any person who has overstayed the 90-day authorized stay for whatever reason, is no longer eligible to travel on the VWP. Visitors admitted to the United States under the VWP may remain for a maximum of 90 days. This 90-day period cannot be extended nor is an adjustment of status to a different category permitted, no matter how compelling or legitimate the circumstances. Additionally, anyone who is denied entry to the U.S. for any reason by U.S. immigration officers, or has been unlawfully present in the U.S. previously, is no longer eligible to travel visa-free on the VWP. Such travelers must apply for visas. Persons in this category who attempt to travel visa-free will be refused entry into the U.S.

  4. #4
    If your cousin had entered with a visa and overstayed, he'd be able to adjust status through marriage to a U.S. citizen. Because he entered under VWP, it sounds like (I'm not a lawyer) he's in the same boat as someone who crossed the border illegally--no way to adjust without leaving the country and having a U.S. citizen spouse apply for a waiver.

    IF the Dream Act passes, he may be eligible (assuming he entered the U.S. when he was 16 or younger), but that's a big IF.

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