ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: need some advice re: w/o inspection immigrant

  1. #1
    Guest
    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. #2
    Guest
    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!

  3. #3
    Guest
    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.

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

  5. #5
    Guest
    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.

  6. #6
    Guest
    What if name not on birth certificate?

  7. #7
    Guest
    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.

  8. #8
    Guest
    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.

  9. #9
    Guest
    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.

  10. #10
    Guest
    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.

Similar Threads

  1. deferred inspection.
    By adam6540 in forum Immigration Discussion
    Replies: 44
    Last Post: 03-22-2009, 08:00 PM
  2. Default Desperately seeking advice for obtaining non-immigrant Visa in Mexico
    By missing.sonora in forum Immigration Discussion
    Replies: 27
    Last Post: 12-26-2007, 11:21 PM
  3. without inspection
    By lanlad in forum Immigration Discussion
    Replies: 3
    Last Post: 01-26-2005, 10:23 AM
  4. Replies: 14
    Last Post: 02-24-2003, 08:15 PM
  5. With inspecton or without inspection
    By in forum Immigration Discussion
    Replies: 7
    Last Post: 01-20-2003, 09:28 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: