I have been with this man for 5 years, but we have been married for almost 3 years. We have 3 children together whom are 2, 3 and 4 years of age. He crossed the border 8 years ago and did not come here with permission...I have recently filed a I-130 form (Alien Family Member) but my question is - When/IF they approve for him to get a visa, will he have to leave and go back to Mexico, or will they allow him to stay here? Im really new to this and want anyone with experience or someone who knows about this to contact me....I can not stand being away from him for an hour, couldn't bare it if he had to go back to Mexico...someone please help!!
2007-07-14 18:50:15 · 11 answers · asked by ~*RLynn*~ 2 in Politics & Government ➔ Immigration
WAFFEN SS - That's a pretty cruel thing to say considering he has 3 children over here whom are citizens of the USA...people whom wish Immigrants were banned from the states don't even think about the tragicness that it may possibly cause someone else, what happend to America being such a carring country??
2007-07-14 19:15:07 · update #1
if he is here illegally that is where he belongs
I guess you will have to find a real man now
have a nice day
2007-07-15 07:04:49 · answer #1 · answered by whistle blower 1 · 0⤊ 1⤋
First, there's no easy way to get it done. Before the US will even consider granting him immigrate status he must go back to Mexico.
This is NOT like dealing with a case where the person was originally legal and then became illegal.
Here are the steps that need to be taken.
1. He goes back to Mexico.
2. You file forms I-130, I-134 and G-325 with the Citizenship and Immigration Service. You can find the forms here... http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
3. In 6 to 8 months he'll get a packet of information from the US embassy (or a US consulate of your choice in Mexico). He'll have a list of tasks and instructions. Once he's completed everything he'll turn it all in.
4. In another two to three months he'll be called for an interview at the embassy or consulate.
5. They'll most likely turn down his visa request because he was an illegal alien. By law they can ban him from the US for up to 10 years.
6. You then file a request for a waiver. (Form I-290-B). It will take another 6 months to a year to get a decision. With luck it will be granted.
This is the only legal way to do it. There's no shortcut. When he came here he violated the law. It makes no difference how you consider it. Now you have to deal with the consequences. I wish you the best of luck.
2007-07-15 01:55:46 · answer #2 · answered by Yak Rider 7 · 5⤊ 0⤋
It should be an expidited process if he joins the military.
Executive Order 13269 of July 3, 2002 -
Expedited Naturalization of Aliens and Noncitizen Nationals Serving in An Active-Duty Status During the War on Terrorism
Has he registered with Selective Service?
"Are illegal alien males required to register?
Yes. All immigrant alien males, other than those admitted on nonimmigrant visas, must register, whether or not they have a green card."
2007-07-15 02:31:35 · answer #3 · answered by 7_7_7 3 · 0⤊ 1⤋
What Yak Rider said its all true. Went through the whole thing. Everything is done in Cuidad Juarez, Mexico. Across from El Paso. Took about 3yrs. the whole process, if your lucky. But everyone is different. Plus we got a Castigo, which means sort of like a punishment for crossing over illegally. He has to stay there in Mexico, if they catch him crossing over while his paperwork is in process. They'll cancel out everything and he can never get a green-card or visa.
2007-07-15 02:09:06 · answer #4 · answered by M.M. 1 · 2⤊ 0⤋
It all depends. It will be harder since he did not come here legally in the first place but it is not the end of his chance to stay. My sister is married to a man who came over here legally but his visa ran up about 6 yrs ago.... they are not having any problems now that they are finally trying to get his paperwork settled. Talk to a reputable lawyer who handles immigration..... not those bargain basement ones since they seem to operate like a citizenship factory!
2007-07-15 01:55:30 · answer #5 · answered by Me 6 · 0⤊ 0⤋
at this time the politicians are working on a bill that will give illegal immigrants the right to stay in the united states legally. as of now the bill was rejected because a portion of the bill wanted to send illegals back to their country and then they would have to apply for a visa. that is bulls@#%, and that's why a majority of the politicians did not approve the bill. the fact that some politicians want to seperate families is not the american way. if u r marry and u r a us citizen it is a good bet that u will be able to help him in becoming a us resident. also, make sure he doesn't have any felonies at all, otherwise he will not be able to obtain legal status, unless he get a pardon and have whatever felonies clear. good luck.
2007-07-15 02:02:18 · answer #6 · answered by Anonymous · 0⤊ 4⤋
Yak Rider is 100% correct. Being married to an American citizen and having children does not give him a free pass.
2007-07-15 10:39:22 · answer #7 · answered by Jan 7 · 1⤊ 0⤋
I am sorry to inform you that he will need to go back, but why listen to me contact an immigration lawyer and find out what options you may have, if any!
2007-07-15 02:10:46 · answer #8 · answered by Anonymous · 0⤊ 1⤋
What part of illegal don't people understand?
2007-07-15 02:24:59 · answer #9 · answered by Anonymous · 1⤊ 0⤋
If you are an immigrant and you want to stay in the us the have a kid and get married. you get to stay
2007-07-15 01:59:58 · answer #10 · answered by jessica_and_jay8883 3 · 0⤊ 5⤋