• Home
  • Today
  • Advocacy
  • Forum
Donate
  • login
  • register
Home

They need you!

Forum links

  • Recent changes
  • Member list
  • Search
  • Register
Search Forums
 
Advanced Search
Go to Page...

Resources

  • Do I qualify?
  • In-state tuition
  • FAQ
  • Ways to legalize
  • Feedback
  • Contact us

Join our list

National calendar of events

«  

July

  »
S M T W T F S
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 
Sync with this calendar
DAP Forums > DREAM Act > The Lounge

info

  • View
  • Post new reply
  • Thread tools
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
#1
08-11-2010, 10:58 AM
Senior Member
From texas
Joined in Jan 2010
586 posts
NoWhereToRun's Avatar
NoWhereToRun
NoWhereToRun
View Public Profile
Send a private message to NoWhereToRun
Find all posts by NoWhereToRun
0 AP
i have a friend that entered the US illegally and currently he has a wife and daughter. i am not aware if he has done civil marriage . but they do live together and all the good stuff. he is thinking about legalizing his case. well the issue is if he has to return home once he starts his paperwork? i am guessing yes, but if anyone could clarify more in depth about the issue. thanks
  • Reply With Quote
Post your reply or quote more messages.
#2
08-11-2010, 11:29 AM
BANNED
Joined in Jul 2010
569 posts
Immigrant
Immigrant
View Public Profile
Find all posts by Immigrant
0 AP
If you(ok, you are saying your friend, but we know it's you) are a visa-overstayer, you can adjust your status IF your wife is a citizen. You can't do this if your wife is a permanent resident.

If you are a fence jumper, then no. It is not possible to adjust your status in the US regardless of your wife's status. We heard countless stories of fence jumpers married to US citizens fearing deportation because they cannot adjust their status in the US.
  • Reply With Quote
Post your reply or quote more messages.
#3
08-11-2010, 03:29 PM
Senior Member
From texas
Joined in Jan 2010
586 posts
NoWhereToRun's Avatar
NoWhereToRun
NoWhereToRun
View Public Profile
Send a private message to NoWhereToRun
Find all posts by NoWhereToRun
0 AP
its not me. i came under a visitors visa. truth shall set u free
  • Reply With Quote
Post your reply or quote more messages.
#4
08-11-2010, 04:17 PM
Member
Joined in Jul 2009
94 posts
Wondering1983's Avatar
Wondering1983
Wondering1983
View Public Profile
Send a private message to Wondering1983
Find all posts by Wondering1983
40 AP
If he entered without inspection and isn't grandfathered under 245i, yes.
He'll have to go through Consular Processing and he'll need the i-601 Waiver of Ground of Inadmissibility for the 10 year ban.

You can tell your friend to check out immigrate2us.net for more information on Consular Processing, the ban and the waiver to overcome it.
Last edited by Wondering1983; 08-11-2010 at 04:21 PM..
  • Reply With Quote
Post your reply or quote more messages.
#5
08-11-2010, 06:04 PM
BANNED
Joined in Aug 2010
188 posts
01234
01234
View Public Profile
Find all posts by 01234
0 AP
...............................................
Last edited by 01234; 08-13-2010 at 07:14 PM..
  • Reply With Quote
Post your reply or quote more messages.
#6
08-12-2010, 03:04 AM
Senior Member
From Florida/Oklahoma
Joined in Apr 2009
750 posts
prettyjolie's Avatar
prettyjolie
prettyjolie
View Public Profile
Send a private message to prettyjolie
Visit prettyjolie's homepage!
Find all posts by prettyjolie
80 AP
Quote:
Originally Posted by Immigrant View Post
If you(ok, you are saying your friend, but we know it's you) are a visa-overstayer, you can adjust your status IF your wife is a citizen. You can't do this if your wife is a permanent resident.

If you are a fence jumper, then no. It is not possible to adjust your status in the US regardless of your wife's status. We heard countless stories of fence jumpers married to US citizens fearing deportation because they cannot adjust their status in the US.
Anybody married to an US citizen OR permanent resident can "adjust" their status. It takes much longer (years) for the spouse of a permanent resident, but it is definitely possible.

The difference between someone who overstayed their visa and someone who EWI (entered without inspection) is that visa overstayers can adjust in the US while the person who EWI'd has to go back to their country to apply for residency (unless covered by 245i). After leaving the country, the person would be banned from the US 3 or 10 years, but the 601 waiver can be filed to overcome that ban.

OP- Your friend wouldn't have to leave the country right away. First, they would file I-130 with USCIS, DS230 and I864 with National Visa Center, while your friend is in the US. That can take months. After all that is approved, his case would be sent to his country. At that point, the consulate would contact him with an visa appointment. That's when he would have to exit the country.

Anyway, I really wish people would quit giving advice when they obviously don't know wtf they're talking about.
  • Reply With Quote
Post your reply or quote more messages.
#7
08-12-2010, 08:08 AM
Senior Member
Joined in May 2006
6,569 posts
Ianus's Avatar
Ianus
Ianus
View Public Profile
Send a private message to Ianus
Find all posts by Ianus
0 AP
The current visa bulletin has changed the idea of waiting "years" for a prospective visa now through a Permanent resident spouse.It is now easier to gain permanent residency through a Permanent resident spouse than a US citizen for because conditions don't necessarily have to be met a second time.
__________________
We shall win our Dream!
  • Reply With Quote
Post your reply or quote more messages.


« Previous Thread | Next Thread »


Contact Us - DREAM Act Portal - Archive - Top
Powered by vBulletin®
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.