hopelessinks

Hi

I am wondering if you could give some advice to a friend of mine, I didn't know she was illegal until I did my filing for AOS, and then she told me.

Her husband and she ae having major problems getting her legalised...here is the rundown on thier situation:

Her Mom is a legal resident of the US, she had a son here who is of course a USC, her mom went back to mexico for a while (not sure exactly how long) and she gave birth to her daughter in mexico, hence she is a mexican citizen...her mom came back into the states...and she brought her daughter in with her...ACROSS THE RIVER! stupid I know but she didn't have her daughter on her passport...and I have no idea what she was thinking at the time.

While she was here (she was 2 yrs old when her mom brought her over) the INS at the time said they wouldn't deport a small child when her mother is a legal resident, so they let her stay...even allowing her to have a work permit when she was 16 yrs old..and allowing her to go to school here.

Her husband (USC soldier) of just over a year has been trying to get her in a legal status ever since they married, and even tried filing once on a lawyers say so, but USCIS will not accept the application as she cannot prove that she entered legally!

Her husband is going crazy as he is scheduled to deploy to Iraq in february of next year, and he is worried that if USCIS decides to deport her he won't be able to do a darn thing to help...he feels real helpless!

My thing is why did the INS as was let her stay while she was a minor, and now she is married (still under 21 she is 20) they want her to go back to mexico and start the 10 year ban, when they are the ones that let her stay here?

She is under so much pressure over this and her husband deploying, I want to try and help as much as I can...surely there must be some sort of 'loop hole' that is there as she wouldn't still be here if it wasn't for the INS/USCIS letting her stay! Also her mother lives in san antonio I think and she is dying from cancer and doesn't have long, and she can't even go and visit her as they check all ID's to check for legal residency...and if they pull her over she will be deported!

Is there any way either her mother, brother or husband can do something to get her started on a legal status befoer her husband is deployed...he is scared to death for her, and even told me he was thinking of writing to the president about it...to see if he could help!

Does anyone know if there will be another aminesty like there was a few years back?..the One that allowed so many illegals become permanent residents by paying a 'fine' of $1000?

Any input or advice will help...they will be calling a lawyer next week...again to see if something can be done, but anything anyone can add from here would sure be a help.

thanks J

Trent

I am not a lawyer, but looking at it logically, she was not "responsible" for crossing the border - it was her mother. She should not be held responsible for this. I think an attorney in this case should come in handy who can prove this obvious fact to an immigration judge. If she was really 2 years old when her mother brought her here illegally and provided that INS/USCIS has already given her legal residence by giving her work authorization, this could probably be an easy case for an attorney to prove in an immigration court. I'd suggest consulting a few good immigration attorneys who have handled deportation cases and then go with one who is most experienced in these types of cases.


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ian-mstm

This is a tough situation to be sure. I think a lawyer is just about the only hope here - and not just any lawyer, she needs an experienced immigration attorney.

Ian

hopelessinks

Thanks guys...I have given them the number of the attorney I used, and she does have connections amogst the "bar' and hopefully if she cannot help them herself she may be able to point them in the right direction...I would hate to see someone go away to fight for freedom for his country and fighting to protect ppl in another land, get screwed over by his own immigration goverment...if you know what I mean!

He loves his wife to bits and is scared to death about having to leave her...I am sure something can be done, it is finding out exactly what though!

J

ian-mstm

I agree, but the sad irony of all this is that US citizens themselves don't usually have any need for immigration services - they almost always act on behalf of someone else. Still, it's a crappy situation.

Ian

Rete

It is unfortunate but unless a new act is ratified I don't know of what else she can do. She is in the very same position that Jerome of this newsgroup is in. He was taken across the border from Canada without papers and while his mother became a US resident, he never did. He was only an infant, was raised in New York City, never knew of what his true status was until he applied for a social security card and his mother had to tell him. He since married a USC. They hired an attorney and of course, the petition was denied and he voluntarily left to return to Jamaica alone. He has no family there and his wife had to file for his I-130 and when it is denied at the US Consulate in Jamaica they will have to file for a waiver and pray it is accepted so he can come back to the US.


Although this might not be the case as she might well have been inspected at the POE and allowed in with her mother. If that is the case and it can be proven then she could adjust status. There is always more to these things than you and I know and it is only a damn good experienced immigration attorney who specializes in cases such as these that can tell her what to do and how to do it.

My recommendation is for her husband to find one and hire them and let them sort this out. I don't think a JAG will be of any assistance in this matter.



Rete

hopelessinks

Hi Rete

you are right, JAG is absolutley no help to them, they have tried..I think you overlooked where I put in that although her mother was legal and had a passport, she snuck her daughter over the river without a POE inspection...as her daughter wasn't on her passport...so that avenue is totally out!

I told her husband that as the USCIS already knew she was here as a minor, and basically gave her leave to stay here "because they didn't want to deport a young child without her mother" and as her mother was/is legal they couldn't deport her!

Apparentley they gave her a work permit when she was 16, and when it expired (once she was 18) they wouldn't renew it because she was no longer a minor and wasn't eligable and they suggested (not told) her to go back to mexico and wait 10 years and then come back.

My thing is that USCIS knows she is here because they ave tried numorous times to get her in a legal status...and they seem to keep changing the 'goal posts' on them..it is so unfair when she had no control over this situation and it sucks that they can't cut them both a break...I said to her husband that there may be some type of waiver they might 'qualify' for...but I wasn't sure...I am NOT an attorney...but since I have started this adjstment process...everyone seems to be coming out of the woodwork and asking me questions...some I can answer easily and others are that complicated I don't know what to tell them except talk to an attorney.

I know I will keep my fingers crossed for this young couple and hope for the best for them.

J

Anon

Trent wrote:

>
    > I am not a lawyer, but looking at it logically, she was not
    > "responsible" for crossing the border - it was her mother. She should
    > not be held responsible for this.

She was responsible for remaining after turning 18 and that is when the
ban clock started ticking.

Anon

hopelessinks wrote:

    >
    > Is there any way either her mother, brother or husband can do something
    > to get her started on a legal status befoer her husband is deployed...he
    > is scared to death for her, and even told me he was thinking of writing
    > to the president about it...to see if he could help!

Why didn't her mother do "something" years ago? Although it takes a long
time, a permanent resident can sponser a spouse or child. Her only
option will probably be to wind up in immigration court. Whatever
happened to the guy (Jerome?) who's Jamaican mother smuggeled him into
the US when he was 2 and then he became engaged to a USC?

Jnk-Mail

hopelessinks wrote:

    > Her Mom is a legal resident of the US, she had a son here who is of
    > course a USC, her mom went back to mexico for a while (not sure exactly
    > how long) and she gave birth to her daughter in mexico, hence she is a
    > mexican citizen..

Is her father Mexican or American? If by some chance he is American
that would solve her problem. I bring this up because you don't mention
how long she was in Mexico before having her and her brother was born in
the US - so maybe there is an off chance her father is an American.

Alexj

hopelessinks

Well as far as I know her father is mexican too...her mom became a legal resident before she was born...and to answer another q that has been asked...I said the same thing...why didn't her mom do something before she got much older!...it baffles me, that much I do know...whatever her moms reasons for not doing something years ago, the fact remains that she and her huiusband need to try and get this sorted out so she is at least in some sort of pending status before he goes to Iraq.

J

Rete

I would not hold out hope for this. I know it doesn't seem fair but that is the way of things.

There is no amnesty program in effect for uninspected illegal aliens at the moment and the climate in the US at the moment does not bode well, in my well of thinking, for anything to be resurrected in time for her to have legal pending status.

There is always the option of someone contacting one of this two senators and having a special act put through on her behalf granting her legal status. I don't have the particulars on how this is done and the timeframe it can be done in, but an immigration attorney should be familiar with this little used method. It is a long shot but worth looking into.

Also you should note that Jerome's case allowed him to remain in the US (New York State) for a little more than a year before he went before the judge and voluntarily removed himself from the US. So that, too, would buy her a little time here. While Jerome waited for the removal decision, he was able to get an EAD and work for a short period.

Rete

hopelessinks

Yeah I mentioned the amnesty that was in use in 2001, and told them I didn;t know if there was another one on the horizon...I will let them know about the senator route...it may be a long shot as you say...but anything is worth a try

Thanks for that...it at least gives them some hope...and that is better than no hope at all.

hopelessinks

Just an upate...they contacted my lawyer and are on their way to filing AOS before he goes to Iraq...she said that there will be no problem getting her legalised...cool

Folinskyinla

Hi:

You don't mention it -- did her Mother or Father ever file an I-130 on her behalf? If so, was it FILED before April 30, 2001? Even though her marriage may have destroyed eligiblity under that petition [if it exists], she will still have "grandfathering" of 245(i) and pay the $1000 penalty.

Look into that.