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boyfriend is an overstay

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  • boyfriend is an overstay

    my boyfriend entered this country legally in 1999. Needless to say he is still here and overstayed his extension. We are planning to get married in the near future, howver don't want to rush into anything. He remains a low profile for now. My question is this, i want to get him tax id # from the irs is this safe to do. He feels they will be able to find him. He is currently working. I do need to get a copy of his I-94 as this document was thrown away when he was denied a stay the second time. He thought he did not need it. I have found that it is important. Please help

  • #2
    my boyfriend entered this country legally in 1999. Needless to say he is still here and overstayed his extension. We are planning to get married in the near future, howver don't want to rush into anything. He remains a low profile for now. My question is this, i want to get him tax id # from the irs is this safe to do. He feels they will be able to find him. He is currently working. I do need to get a copy of his I-94 as this document was thrown away when he was denied a stay the second time. He thought he did not need it. I have found that it is important. Please help


    • #3
      I don't think there is anyway he can get a (ITIN) tax ID#. I had to wait until I got married, I was an overstay too. I had to show the IRS my US marriage certificate, my UK passport and give them my UK Tax number. Why do you want him to get an ITIN? he can't use it to work, he has to get an SS# which he can't get until you marry.
      He can apply for a copy of his lost I-94 from the BCIS website - forms by mail.
      Apart from that he can't do really do anything until you get married and file his application for adjustment of status.


      • #4
        Hi. Although everythign guestw says rings true... don't be afraid to call immigration to ask questions or to consult with a lawyer. My now husband (and obviously once boyfriend) was an overstay as well, and was very paranoid about being caught... he thought he could be caught in almost any way. I have since learned that this is not anywhere near true, and it is better to have as much information as possible before making any decisions. Good luck to you!


        • #5
          you responded to my post. Can you tell me more? Worrying about getting caught oh its a nightmare! I feel like i need to help but like i said i don't wnat to rush into anything. Can you please share your experiance it may help me cope.


          • #6
            you responded to my post. Can you tell me more? Worrying about getting caught oh its a nightmare! I feel like i need to help but like i said i don't wnat to rush into anything. Can you please share your experiance it may help me cope.


            • #7
              Hi. Sorry it has taken me so long to get back to you! I don't get to get on line very often anymore. Anyway... the basic run-down is that I met my now husband in the USA. He had already overstayed his visa by more almost a year.. I had no knowledge of immigration laws, nor did he. He told me he was afraid to talk to a lawyer information becuase he thought someone might find out.... I figured I knew nothing about it, loved him and trusted him, and just agreed.

              He had previously had overstayed on a multiple entry visa and we were thinking about marriage (a decision I do not regret making in the least) but I hadn't met his family yet. So, we decided to take a trip to his home country (Ecuador) and then for some really stupid reason we thought he could re-enter on his multiple entry visa, and then we could go to a lawyer and figure out what we needed to do (and by then I would know his family and therefore be 100% on my decision to marry him.)

              Needless to say that did not let him return, and he was also subject to a 10 year bar and has to file two waivers now. Now we know that if he had stayed in the states everything would have been resolved much quicker and we probalby would never have had to live apart.

              Unfortunately that was not the case and I still don't know what the results of the waivers are going to be.

              When I look back now I am amazed at how naive we were. Some things look so obvious now in hindsight.

              First off, immigration lawyers cannot report you or do anything else or they will lose their license to practice law. Anything you say to them as a client is COMPLETELY confidential. So you are completely free to talk to lawyers.

              If you want to call immigration, you don't have to give your name phone number or anything else. You can even talk about a friend or something... the reality is that at least at this point in time, they are not high tech enough to trace or bug every single call they get. And they are not well enough organized, or well enough funded to rack you down. My ownly reocmmendation is that if you call them, call them several times to make sure you get the same information each time.

              You can also do research and stuff on the web, etc. if you are patient enough.

              As far as my basic advice goes... get him the I-94 he can then adjust status after marriage... relatively easily (not extremely)... take your time to decide, he has already passed the 1 year limit that results in the 10 year bar, so things shouldn't get worse by waiting until you are both sure. Third... DO NOT LET HIM LEAVE THE COUNTRY under any circumstances. Fourth contact a lawyer for a brief consultation and to keep you updateed on any potential changes in the immigration system/laws that might affect you guys.

              Also, consult a lawyer just to double check what I am recommending.

              And just one additional tidbit... I love my husband with all of my heart. REgardless of the hardships that we face, I feel like I am the luckiest woman alive. The circumstances around our marriage are far from ideal, and I don't know if we will ever really be able to get married in a religious ceremony in the states as we both desire... but it is all worth it. I love this man to death and I know with every ounce of my being that he is person for me.... and I was one of those people that is truly paranoid of marriage. So trust your gut... whatever it tells you is probably right!

              Also good luck and please keep us posted!


              • #8
                Hey Spouse, just had to chime in to say I feel the exact same way about my Ecuadorian-born husband. He is just a fabulous man - warm, responsible, hard-working, great to my kids, romantic and passionate - I could go on and on but this is not the forum and I have already no doubt bored some of these folks to tears! Best of luck to you, and the original poster as well.


                • #9
                  Federal Immigration and Nationality Act
                  Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

                  "Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

                  Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

                  A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

                  * assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

                  * encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

                  * knowingly assists illegal aliens due to personal convictions.

                  Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

                  Recruitment and Employment of Illegal Aliens

                  It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

                  An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

                  Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

                  IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

                  Encouraging and Harboring Illegal Aliens

                  It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

                  An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

                  The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.


                  A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

                  State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

                  RICO -- Citizen Recourse

                  Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.

                  Tax Crimes

                  Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In additon to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.



                  • #10
                    Lurker... there is just something special about those Ecuadorian guys... Thanks for sharing your story!

                    Acelaw, thanks for the information. I am sure that it makes mar617 more comfortable to know that she cannot get in any trouble for knowing or falling in love with someone who has overstayed their visa.


                    • #11
                      WOW! Am I supposed to do something about this post? I asked the question for support not to be terrorized by people. Now i know how people from other countries feel when they get treated like garbage! What a shame that we can't be sympathetic. No wonder our country is in trouble!


                      • #12
                        Mar617 - What we do is act as though there was a system glitch and continue on with our discussion as if it never happened.


                        • #13
                          Good! I will overlook all the negativity from that post. It saddens me to see people being so negative.


                          • #14
                            Hello everybody
                            Let me join the club!
                            I overstayed my visa for 2 years and had in the meantime 2 babies with my boyfriend (green card holder). Now I'm trying to get legal either with marriage or using my Pharmacy diploma.
                            Any hint?
                            Is it not dangerous to ask for a lost I-94 (they kept mine when I applied for the second extension) and I never heard from them again.
                            Please reply


                            • #15
                              Hi! I'm not a lawyer so will not try to answer any of your more specific legal questions, but will say that pharmacists are a sought-after profession so your best route may be to try to find an employer sponsor, especially since you are not married to your boyfriend nor is he a permanent resident. Good luck! (And congratulations on your children!)


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