Mikaele

I will be marrying an illegal alien and wish to know how to go about
adjusting her status here in America. Does she have to leave (go back home)
in order to become legal (through re-entry)? What forms would be needed in
order for her to stay here in America?

Also, if she has to leave and re-enter to become legal, can she fly out from
an American city without causing a waiting period of years before being
allowed back into the country?

Please note that she entered the country illegally 1 year ago.

Hnchoksi

    >Subject: Marrying an illegal alien
    >From: "Mikaele" [email protected]
    >Date: 5/24/2004 11:02 PM Eastern Standard Time
    >Message-id: <[email protected] et>
    >I will be marrying an illegal alien and wish to know how to go about
    >adjusting her status here in America. Does she have to leave (go back home)
    >in order to become legal (through re-entry)? What forms would be needed in
    >order for her to stay here in America?
    >Also, if she has to leave and re-enter to become legal, can she fly out from
    >an American city without causing a waiting period of years before being
    >allowed back into the country?
    >Please note that she entered the country illegally 1 year ago.
    >

Depends. What is your status?

Ray

Do you mean overstayed or an undocumented entry

Mikaele

Undocumented entry

"ray6" <member9793@british_expats.com> wrote in message
news:[email protected]...
    > >
    > > Please note that she entered the country illegally 1 year
    > > ago.
    > Do you mean overstayed or an undocumented entry
    > --
    > Posted via http://britishexpats.com

Mikaele

I am a US citizen (born in America).

"Hnchoksi" <[email protected]> wrote in message
news:[email protected]...
    > >Subject: Marrying an illegal alien
    > >From: "Mikaele" [email protected]
    > >Date: 5/24/2004 11:02 PM Eastern Standard Time
    > >Message-id: <[email protected] et>
    > >
    > >I will be marrying an illegal alien and wish to know how to go about
    > >adjusting her status here in America. Does she have to leave (go back
home)
    > >in order to become legal (through re-entry)? What forms would be needed
in
    > >order for her to stay here in America?
    > >
    > >Also, if she has to leave and re-enter to become legal, can she fly out
from
    > >an American city without causing a waiting period of years before being
    > >allowed back into the country?
    > >
    > >Please note that she entered the country illegally 1 year ago.
    > >
    > >
    > >
    > Depends. What is your status?

Ray

Not a good situation ..Find yourself a very good immigration lawyer... you will not get far without one.

Lion in Winter

Do consult a lawyer, but I'm pretty sure that if she leaves she won't be able to come back in. If you get married and petition for an adjustment of status for her, you may be OK although she probably won't be able to leave the US while the thing is in process (no advance parole). I know a couple who went through this here. He got the AOS. But do consult someone who knows for sure.

Alun

"Mikaele" <[email protected]> wrote in news:WLAsc.9475$be.3822
@newsread2.news.pas.earthlink.net:

    > Undocumented entry
    >
    > "ray6" <member9793@british_expats.com> wrote in message
    > news:[email protected]...
    >> >
    >> > Please note that she entered the country illegally 1 year ago.
    >> Do you mean overstayed or an undocumented entry
    >> --
    >> Posted via http://britishexpats.com
    >
    >

Then what you need is an undocumented exit.

crg

Why would you advise someone to lie and commit fraud? Even if they make an undocumented exit, you're telling them to commit a felony by lying on the immigration paperwork on the way back in.

Rete

Don't believe they can even file. The 245(i) has long since expired (4/01) and there is no indication that Congress is going to resurrect the dead Section anytime soon. Overstays are adjustable. Uninspected aliens cannot adjust.

Consult with an immigration attorney as another attorney had said something about grandfathering but would not share his knowledge of whom and under what conditions this grandfathering would be allowed.

Rete

Musashi

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected]...
    > >
    > > Then what you need is an undocumented exit.
    > Why
    > > would you advise someone to lie and commit fraud? Even if they make
    > > an undocumented exit, you're telling them to commit a felony by lying
    > > on the immigration paperwork on the way back in.
Sorry to butt in..
Are you sure that an undocumented exit from the US would result in the
above?
On the next documented entry under any visa, she may be asked "have you ever
had
entry denied or have you ever been deported".
But does the question "have you ever entered the US illegally" appear
anywhere?

Stuart Brook

Musashi wrote:

    > "crg14624" <member20421@british_expats.com> wrote in message
    > news:[email protected]...
    >
    >>>Then what you need is an undocumented exit.
    >>Why
    >>>would you advise someone to lie and commit fraud? Even if they make
    >>>an undocumented exit, you're telling them to commit a felony by lying
    >>>on the immigration paperwork on the way back in.
    > Sorry to butt in..
    > Are you sure that an undocumented exit from the US would result in the
    > above?
    > On the next documented entry under any visa, she may be asked "have you ever
    > had
    > entry denied or have you ever been deported".
    > But does the question "have you ever entered the US illegally" appear
    > anywhere?
    >
    >


An undocumented exit is going to still result in flags because it was
undocumented. No I-94 exit to match the entry part.

Musashi

"Stuart Brook" <[email protected] > wrote in
message news:[email protected]...
    > Musashi wrote:
    > > "crg14624" <member20421@british_expats.com> wrote in message
    > > news:[email protected]...
    > >
    > >>>Then what you need is an undocumented exit.
    > >>
    > >>Why
    > >>
    > >>>would you advise someone to lie and commit fraud? Even if they make
    > >>>an undocumented exit, you're telling them to commit a felony by lying
    > >>>on the immigration paperwork on the way back in.
    > >>
    > > Sorry to butt in..
    > > Are you sure that an undocumented exit from the US would result in the
    > > above?
    > > On the next documented entry under any visa, she may be asked "have you
ever
    > > had
    > > entry denied or have you ever been deported".
    > > But does the question "have you ever entered the US illegally" appear
    > > anywhere?
    > >
    > >
    > An undocumented exit is going to still result in flags because it was
    > undocumented. No I-94 exit to match the entry part.

From what I understand, the person in question entered the US without
documentation. Therefore, no I-94, no flags, nothing in the computer.

Joachim Feise

Musashi said on 5/26/2004 8:59:

    > "crg14624" <member20421@british_expats.com> wrote in message
    > news:[email protected]...
    >
    >>>Then what you need is an undocumented exit.
    >>Why
    >>>would you advise someone to lie and commit fraud? Even if they make
    >>>an undocumented exit, you're telling them to commit a felony by lying
    >>>on the immigration paperwork on the way back in.
    > Sorry to butt in..
    > Are you sure that an undocumented exit from the US would result in the
    > above?
    > On the next documented entry under any visa, she may be asked "have you ever
    > had
    > entry denied or have you ever been deported".
    > But does the question "have you ever entered the US illegally" appear
    > anywhere?

The DS156 has this question:
"Have you ever violated the terms of a U.S. visa, or been unlawfully present in,
or deported from, the United States?"

The person would have to answer Yes here, and then there are going to be
additional questions...
If the person lied and answered no, the person would commit a felony, which
can result in a lifelong ban...

-Joe

Musashi

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Musashi said on 5/26/2004 8:59:
    > > "crg14624" <member20421@british_expats.com> wrote in message
    > > news:[email protected]...
    > >
    > >>>Then what you need is an undocumented exit.
    > >>
    > >>Why
    > >>
    > >>>would you advise someone to lie and commit fraud? Even if they make
    > >>>an undocumented exit, you're telling them to commit a felony by lying
    > >>>on the immigration paperwork on the way back in.
    > >>
    > > Sorry to butt in..
    > > Are you sure that an undocumented exit from the US would result in the
    > > above?
    > > On the next documented entry under any visa, she may be asked "have you
ever
    > > had
    > > entry denied or have you ever been deported".
    > > But does the question "have you ever entered the US illegally" appear
    > > anywhere?
    > The DS156 has this question:
    > "Have you ever violated the terms of a U.S. visa, or been unlawfully
present in,
    > or deported from, the United States?"
    > The person would have to answer Yes here, and then there are going to be
    > additional questions...
    > If the person lied and answered no, the person would commit a felony,
which
    > can result in a lifelong ban...
    > -Joe

Yes, I guess that "unlawfully present in" would do it.