I am so bugged about this. My best friend is an undocumented resident and he's been in the U.S. since he was 7 years old (he's 22 now by the way). His parents came and overstayed a vacation visa and didn't have the opportunity to apply for legal residence. Now my friend is having a difficulty with College, Drivers License, Jobs, etc. etc. just because of a mistake his parents made. The thing is he is Really Really Smart and is practically an American! He recently fell in love with a girl a few months ago and he thinks she may be the one. I want to know whether or not he can legalize his status by marrying her (she's a PR btw, not a Citizen) and still be able to stay in the country during the process!!! Please help! Thanks.
2007-02-25 18:27:18 · 8 answers · asked by Anonymous in Politics & Government ➔ Immigration
Your friend began accruing unlawful presence in the U.S. when he turned 18. However, since he entered legally, he may be able to obtain an immigration benefit if he marries his permanent resident girlfriend (assuming he has no other issues such as arrests, removals, etc.). He will, however, need to show proof that he entered the country legally (usually in the form of an I-94 card) in order to apply for residency.
Currently, immediate family (i.e. spousal) benefits for lawful permanent residents are backlogged by about 5 years. However, if he were to marry this girl and she becomes a citizen, he would then be able to apply for his green card immediately (again, assuming he can prove he entered the U.S. legally). In the interim, if they were to marry, she can apply for an immediate relative visa, and he should be able to at least get a drivers license with the receipt USCIS issues for that type of petition. He may not, however, work legally nor go to school until he gets into the green card process.
A Congressman or Senator will be of no asssistance to him unless they were to sponsor a private bill for him.....and unless he has donated several million dollars to one their respective election campaigns, you can forget about that happening....
Good luck!
2007-02-26 09:42:14 · answer #1 · answered by juscogens 3 · 0⤊ 0⤋
As unfortunate as your friend's situation maybe the bottom line answer to your question? No, marrying a non US citizen has absolutely no standing in allowing him to legalize his status or ability to stay in the US.
I have to tell you that I do find it disingenuous to claim or repeat that his parents "over stayed" their vacation visa and didn't have the opportunity to apply for legal residency. First of all when they realized they "over stayed" all they needed to do was arrange to leave the US, pay a small fine and return home. What's the problem? And not having the opportunity to apply for legal residence? OK, but you can't apply for residency on a vacation visa. They should have returned home and then applied. Again, what was the the problem with doing things legally? I don't mean to sound like a jerk but if, as I would suggest, they contact an immigration attorney, legal advocate or assistance organization, your friend not try to run that "story" by them. I apologize if I am off base but if is parents are still in the US that means they have "over stayed" their vacation by 15 years.
Good luck to him on becoming legal.
2007-02-25 19:12:01 · answer #2 · answered by iraq51 7 · 0⤊ 0⤋
Best thing he can do is seek legal advise. I can be 100% sure that he knows someone who has dealt with an immigration lawyer and might be able to get him connected. You have to understand that people from different nationalities have different laws that apply to them when there in the US. Some countries might be exempt from certain immigration laws due to wars, living conditions, etc. He should also ask the lawyer what his options are if he gets married to a puerto rican.
If for some reason he doesnt have money for legal advice, he should ask that lawyer if they know of any non profit organizations that can help him out with his situation.
Best of Luck to him.
2007-02-25 18:40:17 · answer #3 · answered by Anonymous · 2⤊ 0⤋
You should request a meeting with your Congressman and Senators (start with one at a time until you get a sympathetic ear).
His residency would become PR himself, though not citizen. Almost an absolute given if they have children who, by birth right, become automatic Americans.
DO NOT GO TO INS! They will deport him, if he is over 18. They are not a group of sympathetic people. Get a Congressman to advocate first, and go with that support first. And marry first. And have kids first. Get as many reasons as he can before going to INS.
But start with getting help from your Congressman. Someone should be sympathetic, if he's been here since he was a child. He certainly wouldn't fit in back "home" now. He's American now.
2007-02-25 18:33:32 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Please have your friend seek legal advice from a competent immigration attorney, as he gained illegal status once he turned 18 regardless of his circumstances. There are religious organizations out there that offer low cost (sometimes free) legal advice on immigration matters. Have a search in your friends area of residence. I do have a link but I can't place it right now. If I find it I will post it.
All the best.
2007-02-25 18:53:52 · answer #5 · answered by aussiewenchupover 4 · 3⤊ 0⤋
Your toddler would be a U.S. citizen and you may supply you the possibility to additionally prepare for citizenship on your newborn on your abode u . s . a .. Your newborn will proceed to be a U.S. citizen regardless of the way lots time she or he spends in a foreign country. You, on the different hand, as an eternal resident, have regulations on how lots time you'll be able to spend in a foreign country, as there are rules approximately having to teach which you haven't any longer "deserted your abode of residing" and characteristic saved ties to america. in case you grow to be a citizen, you will haven't any regulations on how long you may stay exterior of the U.S.
2016-11-25 23:43:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you really need to deal with this in the proper way, ask the immigration people. after all its not his fault hes here. but he still has to go through the paperwork. getting married doesnt gaurentee a thing. i have a friend who married a british guy and it took two years before he could move over here with her.
2007-02-25 18:34:33 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Illegals should all go back home even though he is "practically an American" ha.
2007-02-26 01:26:04 · answer #8 · answered by rocio 5 · 0⤊ 1⤋