Originally posted by Brandi21a:
Ok so here's my story I'm 24 years old and I personaly dont know much about imigration and immigration laws this is all new to me. I was born and raised in the USA. I started dating a guy about 6 months ago and I have completele fell in love with him and I just found out a few weeks ago that he is not legal here. We started talking and his mom brought him and his brother to the US when he was 7 which would have made his brother 3 so its not like they really knew it was illegal. there mom moved back to mexico a month ago and from what I understand she was legal here. now him and his brother are concidered illegal. I'm scared to lose him and we don't really know what we can do to make him legal or if he can become legal here. I have heard from others that he can't and others that he can so I'm so confused. I also heard that if he goes to mexico he can't come back to the US for al least 10 years if ever again. I wish I knew what I could do to make it so he could stay here with me legally. can any one help me or point me in the right direction. I don't have money to pay for a lawyer I'm struggling as it is. so any help at all would be great. Thanks
Ok so here's my story I'm 24 years old and I personaly dont know much about imigration and immigration laws this is all new to me. I was born and raised in the USA. I started dating a guy about 6 months ago and I have completele fell in love with him and I just found out a few weeks ago that he is not legal here. We started talking and his mom brought him and his brother to the US when he was 7 which would have made his brother 3 so its not like they really knew it was illegal. there mom moved back to mexico a month ago and from what I understand she was legal here. now him and his brother are concidered illegal. I'm scared to lose him and we don't really know what we can do to make him legal or if he can become legal here. I have heard from others that he can't and others that he can so I'm so confused. I also heard that if he goes to mexico he can't come back to the US for al least 10 years if ever again. I wish I knew what I could do to make it so he could stay here with me legally. can any one help me or point me in the right direction. I don't have money to pay for a lawyer I'm struggling as it is. so any help at all would be great. Thanks
In general, though, person under 18 is not considered illegal for purposes of 3-10 year bar or AOS. But past 18 assumes full responsibility, regardless of how and when they were brought into US.
If he is from Mexico what he would need to do is file I-601 waiver for EWI. He will need to go to Mexico first and apply from abroad due to EWI, unless grandfathered under 245(i).
Good news for you is that for whatever reason there is a high percentage of those waivers being approved for Mexican nationals.
I am not going to assume that he is some kind of a fraudster and has some extra criminal charges pending against him, since i am not a boiling with insidious hatred redneck , but i would definitely reccomend you to consult a good practicing immigration attorney.
Diving into complex INA regulations on your own is a sure recipe for failure.
Good luck.
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