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I know somebody that is a ilegal immigrant and he is married to a citizen (they have a child). He spoke to an attorney and he was told that he can apply for his residence I-485 (of course he needs to pay the penalty, the forms and $10,000.00 in attorney fees). Can he really do this?
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An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he:
entered the U.S. without permission; or
entered lawfully but then overstayed the allowed time granted and is now out of valid immigration status; or
worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen; or
is a "Transit without a Visa" holder or a holder of a Visa Waiver (WT or VT) unless an immediate relative of a U.S. citizen; or
entered the US on a K-1 fiance visa but then seeks to apply for adjustment of status on a different basis than the marriage; or
an immigrant visa number is not immediately available (applicant must have a current priority date or be an immediate relative of a U.S. citizen.
The above are the most common reasons why a person may not be eligible to apply for adjustment of status.
unless if he's illegible for 245(i),,, but my personal oenion i think he well have to leave the country and process through the embassy -
it all depends on how that person actually entered the country.
-THIS IS NOT LEGAL ADVICE-Comment
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First ask if ur friend came in on a visa and had overstay.
he can marry us citizen and adjust his status and there is no problem at all.
if he sneaked into the country without a visa... then he will have to return to his country before he can adjust status.. He will have a 3yr/10yr bar and will be denied.After his denial he will be able to file a 601 waiver to lift the 10 yr bar and be able to adjust his status and return to the usa. This is all provided that there are not any felonies, drugs offenses etc.
If his lawyer told him he had to pay a penalty.. then get another lawyer as 245i "amnesty" is over. i-130 had to be filed before april 30 2001 so 485 supplement A is not relative to this person, unless of course wife filed a i-130 within that time frame.
He should get a second opinion. for facts and price.Comment
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I spoke to him and he told me that he already filed I-485. They took his fingerprints and picture.
Last week he received a letter denying the I-485. He entered illegally and he does not have any felonies, nor offenses. Will he be now in deportation procedures? He lives in Dallas, Texas does someone knows a good attorney?Comment
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he should ask proudusc....Comment
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Originally posted by ggfrisco:
I spoke to him and he told me that he already filed I-485. They took his fingerprints and picture.
Last week he received a letter denying the I-485. He entered illegally and he does not have any felonies, nor offenses. Will he be now in deportation procedures? He lives in Dallas, Texas does someone knows a good attorney?
Well I hope he didnt pay an attorney to have wasted his money. As we told you that if he entered undocumented that he would have to return to his country to do the processing. Yes he is subject to removal.. and remember that they know where he is now.
Curious.... did he actually use an attorney for the advice and the filing ?Comment
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Yes, he used an attorney and paid the attorney fees and paid for the forms. Now the attorney is not answering the phone and he is not available on person either. Also, someone told me that USCIS will send a letter asking him to show for an interview and they will detain him and send him back to his country and if he does not show up to the interview he will never be able to become a legal resident. Is this true?Comment
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Originally posted by ggfrisco:
Yes, he used an attorney and paid the attorney fees and paid for the forms. Now the attorney is not answering the phone and he is not available on person either. Also, someone told me that USCIS will send a letter asking him to show for an interview and they will detain him and send him back to his country and if he does not show up to the interview he will never be able to become a legal resident. Is this true?
This is really sad. Personal apperance to his office is in order, with asking to get money/retainer back and with a threat to the bar association if he did in fact give them false information or totally misleading information.
Undocumented cannot adjust status on usa soil. and yes it is most likely he will be detained if called for that i-130 interview, and then deported back to his country. At that time when he returns, his wife will do consular processing (if available) where the adjustment of status will be denied... at that time a 601 waiver should already be prepared to be submitted to overcome the 10 year bar for his illegal presence. After this is approved, he will be able to adjust his status and become resident in usa return to to his wife and family.
If he does not go for the interview.. the application will be considered abandoned and eventually denied.
He can find wonderful help on this subject at immigrate2us.net. Lots of wives and husbands married undocumented and have been through the entire process. they will be happy to help him with the waiver and support. This will save him the attorney fees too.
Good luck to him... and fire that attorney and get what is left of the retainer back.Comment
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Thank you very much for all your help everyone. This info helps a lots.Comment
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you are not saying anything about I-130. Has that been filed?Originally posted by ggfrisco:
Last week he received a letter denying the I-485. He entered illegally ...
How long has he been in the USA?
What does I-485 denial notice say?
It may happen that I-130 will be approved and he will be instructed to get an immigrant visa in his home country. As mentioned by others, visa will be denied at the interview and he will have to file for a waiver.Comment
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