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  • Out of Status

    Translated to English by me from Natalia

    Please help with information.

    1. Came to US on B-1 visa with husband
    2. Overstayed visa and have been out of status for two years.
    3. Both of us have state I.D., drivers license and SS card with "valid for work with INS Authorization".
    4. While we both have good skills and degree, we work off and on but cannot get good job because employers require I-9 requirements.
    5. We will work hard but cannot find legal job.
    6. We have small apartment but it is hard for money.

    Questions:

    What is 245i?
    Will we ever be able to be legal?
    What do we do?

  • #2
    Translated to English by me from Natalia

    Please help with information.

    1. Came to US on B-1 visa with husband
    2. Overstayed visa and have been out of status for two years.
    3. Both of us have state I.D., drivers license and SS card with "valid for work with INS Authorization".
    4. While we both have good skills and degree, we work off and on but cannot get good job because employers require I-9 requirements.
    5. We will work hard but cannot find legal job.
    6. We have small apartment but it is hard for money.

    Questions:

    What is 245i?
    Will we ever be able to be legal?
    What do we do?

    Comment


    • #3
      just wait for 245 (i) next election and you will be legal.

      Comment


      • #4
        As far as I can tell, you're committing two violations, one of which is quite serious.

        The overstay may be overlooked for certain groups of people, but unfortunate for you, it doesn't seem to cover you. Out of status foreign nationals, who're adjusting their status, need to be sponsored by a USC spouse or need to have a special waiver for the inadmissiablility (in your case it would be 10+ yrs. barr (?) if I'm not mistaken, since it's been more than 180 days and definitly more than 365 days since you overstayed the B-1.

        The other "violation" of false misrepresantation and fraudelent I.D.'s is quite serious (a felony, as far as I know). I don't think there is going to be any waiver for that and sooner or later this will catch up with you.

        Even if (amnesty) 245i was currently availably, I don't think you'd qualify for it because of the previously mentioned serious offense.

        Sorry to tell you, but considering the political climate and the continued blunt disregard for the laws, I don't think these two individuals have the slightest chance to adjust their status.

        Comment


        • #5
          Where in the original post does it say that state IDs and drivers license were fraudulent?

          You can get a real state ID and a drivers license while you're still legal in the country.

          Also if it says on SS card "valid for work with INS Authorization" that means they'd applied for some kind of immigration benefits.

          There's more to the story that they tell. I'd suspect they applied for asylum and were denied. If they didn't appeal and were served with 'charging documents' (NTA) then there's probably a final administrative order of deportation on them which is VERY hard to reverse and they WILL be deported if they try to contact the BCIS.

          If my speculations are wrong then there's a light at the end of the tunnel.

          If they have US recognized degrees than when 245(i) is reenacted they can be sponsored for a green cards by their employers.

          'no chance' don't give a faulty advice.

          Comment


          • #6
            deport illegal aliens

            Comment


            • #7
              Both drivers license and SSC are legal documents.

              SSC Restriction means they cannot meet the requirements of I-9 and get employment except menial jobs. They have not, and will not, falsify documents.

              They do not understand if they would qualify for 245i, and if so, how would they proceed.

              Comment


              • #8
                what about I-9 and using old permission to work/or number from visa (which is not permission to work) on form I-9.. is that still so hard crime like claim to be US citizen ?

                thx

                Comment


                • #9
                  245i will be opposed by law-abiding citizens nationwidewho oppose rewarding people for breaking the law

                  Comment


                  • #10
                    to be eligible for 245i you have to be sponsored by a family member (green card holder or USC)or you can be sponsored by your employer.

                    Comment


                    • #11
                      I don't know: I'm just wondering: Unless these documents are expired or limited (wich would make their use fraudelent then!), why else would someone need an 245i or asylum otherwise? I don't think you're giving us proper information or just decepting yourself by telling yourself that they have genuie I.D.'s.

                      If they don't, it's a serious violation and they should be reported. You can be an associary to crime if you have knowledge about it!

                      Comment


                      • #12
                        how does one obtain SSN with work authorization when they have never had authorization from the US govt to work? Or, if the husband had temporary work auth on a B1 (not likely due to its restrictions) then what transpired to let the SS folks dole out cards giving work auth?
                        Something smells fishy here...and besides, these people have already demonstrated an unwillingness to abide by our laws, they have undoubtedly been working w/o auth for the last years, and now they want some magic fix ??? Why??/ With 2 million Americans out of work, why do we need to import law breakers or give these same criminals a reward for their behavior while Americans continue to look for work?

                        Comment


                        • #13
                          Oppose to 245(I)
                          Those will broke the law have already been punished for the violations they made. Now they need to be regularized after paying the fine ($1000.00).Govt is suppose to drop the charges when the individual pays off for that violations they made, like u pay for the traffic violation. I don't think sensible peaple will argue/oppose the re-instatment of 245(I).
                          I consider it in the best interest the country.
                          U get the people into tax circle in addition to collection of millions of $. This will help in security purposes too as people will be identified & accounted for.

                          Comment


                          • #14
                            Ken, Iam in a similar situation. I have a SS# which I got while working here legally 3 years ago. I got bad advice from a lawyer (who said I cound not adjust my status) and my visa expired. I remained here as I loved my job, I continue to pay taxes, I have good credit, nice home, proper ID. I would dearly love to be able to visit my home country, but unless things change soon, I may never see home again. If anyone is able to help us, please reply.

                            Comment


                            • #15
                              Qwerty & Ken,
                              I may be able help u guys but I need to know, how u got ur ss# while on B-1/2 visa?
                              Did u file any petition?

                              Comment

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