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  • Need Help

    i married in 2004 and my husband is an illegal..we want to start on getting his legal papers and work permit. Does anyone know what steps I can take to start the process? I really need some advice thanks

  • #2
    i married in 2004 and my husband is an illegal..we want to start on getting his legal papers and work permit. Does anyone know what steps I can take to start the process? I really need some advice thanks

    Comment


    • #3
      What type of illegal? Entry without inspection?Expired visa? Out of status? Illegal since when? The rules and regulations vary, you have to be more specific.

      Comment


      • #4
        entered illegal...we met 5yrs ago and married in 2004

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dawn17:
          entered illegal...we met 5yrs ago and married in 2004 </div></BLOCKQUOTE>

          When did he enter without inspection (EWI)? Is this his first immigrant petition? Normally, unless a petition was filed and grandfathered prior to the 2001 sunset, he would be required to leave and go through consular processing for a spousal visa. Of course, any out of status time of that length would trigger a 10-year bar to admissibility, but that could possibly be overcome by way of a waiver (hardship) filed by the US citizen spouse.

          You need to secure competent immigration legal assistance.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            when he first came to the us, he got a temp work permit that was in 1999.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">...when he first came to the us, he got a temp work permit that was in 1999. </div></BLOCKQUOTE>

              And instead of going back at the end of its term, he decided to stay. Right? So basically, he's been here ilegally ever since.

              He ain't going to get anything legally, unless he returns home and PAYS for breaking the law.

              Or you can just move back to Guatemala with him.

              Deal with it, like it or not.

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              • #8
                fyi he's not from mexico from guatemala

                anyways, if i went back with him how long would it take to get the visa?

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dawn17:
                  when he first came to the us, he got a temp work permit that was in 1999. </div></BLOCKQUOTE>

                  dawn17, do you know how did he get work permit, on what basis? Was anthing else filed at that time?

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                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">How long would it take him to get a visa, if I went back with him? </div></BLOCKQUOTE>

                    Well, start off with a 10-year ban for overstaying more than 180 days. Anything shorter than that, be ready to spend A LOT OF MONEY ON, with no guarantee of ANYTHING in the end.

                    In other words, ANYTHING will require him to leave the US. You don't need an atty. to tell you this, by the way.

                    Now how the hell did he get a work permit, if he came in ilegally?

                    Comment


                    • #11
                      http://www.cis.org/articles/2006/back606.html

                      Please have a look at this article that says about amnesty for illegal aliens. Try to look for anesty act. That's an abstract for the article:

                      Hagel-Martinez Amnesty. The Hagel-Martinez bill, or Senate bill 2611 (also called S. 2611), has three separate amnesties or legalizations: One for illegals in the country five or more years, one for those who have been here two to five years, and one for those who work in agriculture. Like the 1986 legalizations, the current amnesties involve paying a fine and undergoing a background check. The largest of the new amnesties is for those in the country five or more years. Illegal aliens in this category are placed on what can be described as a "glide path" to Lawful Permanent Residence (LPR). Individuals in the glide path can start to apply for LPR status, also called a green card, once the immigration service has worked through all existing applications or after eight years, whichever is shorter.


                      This link syas about amnesty as well
                      http://www.usimmigrationsupport.org/amnesty.html

                      Comment


                      • #12
                        aneri

                        i didn't know him back then...I know the was under 18. I think it was his uncle that helped him get a work permit but im not sure. since he was under age..what options do we have of getting a green card, or citzenship?

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                        • #13
                          First; See a psychologist to determine exactly what your problem is that you want to marry a criminal

                          Second; Get a prenupital agreement

                          Good Luck !

                          Comment


                          • #14
                            His history with INS/USCIS is important for 2 reasons:
                            1. if something was filed on his behalf (in addition to work permit) he may be protected under 245i which would give you a big break (wouldn't have to leave the US to get GC)
                            2. you don't want surprises along the way

                            So, your options depend on what has been done so far.

                            If he is not under 245i, the normal procedure in a very few words would be: you file I-130 and wait for approval and interview date. After the interview is set by the consulate, he returns to his home country, attends the interview and is denied for illegal entry and overstay. He files waivers proving the extreme hardship that you - an USC- would suffer in case he can't return to the US before the bar is up (10 years). If and when the waivers are approved, he gets an immigrant visa and can return.

                            Check this
                            http://www.visajourney.com/forums/in...?showforum=113
                            http://www.immigrate2us.net/

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If and when the waivers are approved... </div></BLOCKQUOTE>

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