in 1989 my husband came from Nicaragua illegally for political reasons and applied for the nicara law but didnt show up for his appt so they closed the case, we just got married 2 years ago and applied for his work permit, I-485 and I-130 they approved the I-130 but not the I-485 to adjust his status to permanent residence , immigration saids he can not get his green card even if he is married to a US citizen they said he would have to go back to nicaragua and wait for a visa and then he might be barred from coming back to the US if he does what can we do it is not fair, we have a sponsor for him a co-sponsor and all of his taxes ready but they will not approve him because they say he needed to do that before 2001 what can we do i dont want them to deport him back to Nicaragua because they will persecute him what can we do?
2007-12-19 04:27:18 · 10 answers · asked by Anonymous in Politics & Government ➔ Immigration
As you have found out marriage to a US citizen is not an automatic right to a green card. His reward is not going to be a green card. He has been illegal for 18 years, and yes the advise you have been given is correct.
2007-12-19 07:27:21 · answer #1 · answered by Mama~peapod 6 · 1⤊ 1⤋
US immigration law doesn't currently provide any opportunity for him to adjust in the US. If he had come into the US legally in the first place, he would have the chance now to adjust legally without going back. Basically, you seem to be complaining that although he entered the US illegally and has been here illegally for a large part of the past 20 years and although he blew off his chance to legally adjust several years ago, now that he has been given a second chance to become a legal resident in the US, US law should make it more convenient for him to do so. If he really feared persecution in Nicaragua, he could have applied for political asylum at any point for years, rather than just stayed in the US under TPS. How much sympathy do you really expect? Short of getting your Congressman to change the law, there isn't much you really can do except accept the inevitable. At least there's a green card out there waiting for him at the end of all this.
Edit: per the responder below, yes, it's true that since he's been here illegally for over a year now, there is a 10 year visa ineligibility to deal with. However, it's also true that he can apply for a waiver of that ineligibility through USCIS once he's applied for the visa. It will take a while for them to deal with the waiver request, but chances are pretty fair that he'd get it. If the waiver request were turned down though, he would have to wait to come back.
2007-12-19 05:05:05 · answer #2 · answered by George L 7 · 5⤊ 0⤋
See a good Immigration Consultant and a Lawyer. Don't see one without the other. They'll direct you guys on how to proceed. In my opinion the government wants him to leave the country and apply officially to enter into the United States. That is the cleanest way to do things, however, you might be seperated for a little while. Do yourselves a favour and get yourselves a good Immigration Consultant.
Good Luck.
2007-12-19 04:35:22 · answer #3 · answered by smazedmi 3 · 1⤊ 0⤋
this is an issue of the law, versus true love. If you truly love him, and he truly (as in willing to die for you, if the situation arises !) loves you, and INS is separating both of you because of the wording of the law, you really have only 2 options here. You either go back to Nicaragua with him (assume a new identity and change his facial looks) , or you can both stay here in the US, but adopt the same strategies and lifestyle as what the millions of illegals are already doing. Personally, I think the chances of you getting caught, and getting deported, are the same as winning the lottery.
2007-12-19 08:50:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He didn't show up for his appointment and you are crying unfair? He came here illegally, he broke the law, and now he must follow the law. What is so unfair about that?
2007-12-19 04:43:53 · answer #5 · answered by Gretl 6 · 4⤊ 0⤋
Theres a ten year ban on re-entry to the United States if it is proven you have been here illegally.
2007-12-19 05:28:38 · answer #6 · answered by Anonymous · 1⤊ 0⤋
So, let me make sure I understand this: He broke the law. You helped him. Now they are saying that because he broke the law he has to follow the law. You think this is not fair. Time for him to go home. If you married him for love, you can go with him.
2007-12-19 04:37:23 · answer #7 · answered by davidmi711 7 · 5⤊ 0⤋
Rules are rules. I have read on YA that you need to get a visa before marrying an American citizen...
2007-12-19 04:32:29 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You answered your own question. Because he came here illegally. Is does not matter why he came here, he should have to go back and face the music.
DEPORT HIS AS# !!!
2007-12-19 06:25:40 · answer #9 · answered by jrock1206 6 · 2⤊ 0⤋
OMG...learn to spell and add periods to your sentences! You're babbling.
I say move to Canada.
2007-12-19 04:39:10 · answer #10 · answered by Anonymous · 0⤊ 1⤋