Background check info / illegally present in the U.S. before
Mar 13th 2003, 8:38 am
#1
Guest
Posts: n/a
Background check info / illegally present in the U.S. before
Help??
I want to marry an illegal mexican. He is here illegally by crossing
the river. He has also been arrested for driving without a license...5
times. He has paid his fines but I want to know if this will affect
his petition. I met him when he was here in the USA illegally but he
is willing to go back to mexico for his interview and wait on his
petition acceptance even if it takes 4 or 5 months. Does anyone know
anything on this ... Paleeeezzee advise!! There are not any attorney
in my area or even on the phone who have time to answer my questions.
thanks, Bombona
I want to marry an illegal mexican. He is here illegally by crossing
the river. He has also been arrested for driving without a license...5
times. He has paid his fines but I want to know if this will affect
his petition. I met him when he was here in the USA illegally but he
is willing to go back to mexico for his interview and wait on his
petition acceptance even if it takes 4 or 5 months. Does anyone know
anything on this ... Paleeeezzee advise!! There are not any attorney
in my area or even on the phone who have time to answer my questions.
thanks, Bombona
Mar 13th 2003, 3:05 pm
#2
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
Hire a very competent lawyer, and be prepared to spend A LOT of money on
them, likely well over $10,000. Generally, people who entered the US
without inspection (i.e., crossed the river) are ineligible to adjust
status. There are very limited exceptions:
- if you were married before April 14, 2001, you may qualify for applying
for a Green Card based on 245(i) after paying a $1000 fine.
- one lawyer suggested an interesting strategy (but this has not been
tested, it just is something that should theoretically work! So do not try
this without very competent advice. But if you do, please post your
experiences here for others): he should go to the nearest INS office and
apply for parole. This works, theoretically, because people who entered
the US are considered as applying for admission. Such an applicant would
be ineligible for admission (because he has no visa) but may be paroled
into the US for humanitarian reasons. Once he is paroled, he IS eligible
to file for adjustment of status.
- The third strategy is also something that you don't want to do without
very competent advice. It is a very scary one: have him submit for
deportation. During deportation, he may be able to file an application for
voluntary departure. Once that is approved, leave the US and apply for an
immigrant visa at a US consulate. His arrests may be a problem in this
context, although it depends on what happened, whether he ever was proven
guilty of a crime and what the penalty for that crime was.
Finally, the last-resort strategy is to leave the US and go to Mexico.
Unfortunately, it will take not four or five months, but may take ten
years (depending on how long he was in the US unlawfully).
On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
> Help??
> I want to marry an illegal mexican. He is here illegally by crossing
> the river. He has also been arrested for driving without a license...5
> times. He has paid his fines but I want to know if this will affect
> his petition. I met him when he was here in the USA illegally but he
> is willing to go back to mexico for his interview and wait on his
> petition acceptance even if it takes 4 or 5 months. Does anyone know
> anything on this ... Paleeeezzee advise!! There are not any attorney
> in my area or even on the phone who have time to answer my questions.
>
> thanks, Bombona
them, likely well over $10,000. Generally, people who entered the US
without inspection (i.e., crossed the river) are ineligible to adjust
status. There are very limited exceptions:
- if you were married before April 14, 2001, you may qualify for applying
for a Green Card based on 245(i) after paying a $1000 fine.
- one lawyer suggested an interesting strategy (but this has not been
tested, it just is something that should theoretically work! So do not try
this without very competent advice. But if you do, please post your
experiences here for others): he should go to the nearest INS office and
apply for parole. This works, theoretically, because people who entered
the US are considered as applying for admission. Such an applicant would
be ineligible for admission (because he has no visa) but may be paroled
into the US for humanitarian reasons. Once he is paroled, he IS eligible
to file for adjustment of status.
- The third strategy is also something that you don't want to do without
very competent advice. It is a very scary one: have him submit for
deportation. During deportation, he may be able to file an application for
voluntary departure. Once that is approved, leave the US and apply for an
immigrant visa at a US consulate. His arrests may be a problem in this
context, although it depends on what happened, whether he ever was proven
guilty of a crime and what the penalty for that crime was.
Finally, the last-resort strategy is to leave the US and go to Mexico.
Unfortunately, it will take not four or five months, but may take ten
years (depending on how long he was in the US unlawfully).
On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
> Help??
> I want to marry an illegal mexican. He is here illegally by crossing
> the river. He has also been arrested for driving without a license...5
> times. He has paid his fines but I want to know if this will affect
> his petition. I met him when he was here in the USA illegally but he
> is willing to go back to mexico for his interview and wait on his
> petition acceptance even if it takes 4 or 5 months. Does anyone know
> anything on this ... Paleeeezzee advise!! There are not any attorney
> in my area or even on the phone who have time to answer my questions.
>
> thanks, Bombona
Mar 14th 2003, 2:54 am
#3
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
>Subject: Re: Background check info / illegally present in the U.S. before
>From: "Ingo Pakleppa" [email protected]
>Date: 3/13/2003 11:05 PM Eastern Standard Time
>Message-id:
>Finally, the last-resort strategy is to leave the US and go to Mexico.
>Unfortunately, it will take not four or five months, but may take ten
>years (depending on how long he was in the US unlawfully).
You missed one point - unless I am missing something, though its the riskiest
strategy of all and I certainly wouldn't advise it. If he exited the US the
same way he entered it the US would have no record he was ever here and so he
would not be subject to any bar.
I repeat I am not advising that someone break any laws, I'm just pointing out a
theoretical possibility.
>From: "Ingo Pakleppa" [email protected]
>Date: 3/13/2003 11:05 PM Eastern Standard Time
>Message-id:
>Finally, the last-resort strategy is to leave the US and go to Mexico.
>Unfortunately, it will take not four or five months, but may take ten
>years (depending on how long he was in the US unlawfully).
You missed one point - unless I am missing something, though its the riskiest
strategy of all and I certainly wouldn't advise it. If he exited the US the
same way he entered it the US would have no record he was ever here and so he
would not be subject to any bar.
I repeat I am not advising that someone break any laws, I'm just pointing out a
theoretical possibility.
Mar 14th 2003, 7:09 am
#4
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
On Fri, 14 Mar 2003 15:54:12 +0000, NewYorkINSQ wrote:
>>Subject: Re: Background check info / illegally present in the U.S. before
>>From: "Ingo Pakleppa" [email protected]
>>Date: 3/13/2003 11:05 PM Eastern Standard Time
>>Message-id:
>
>>Finally, the last-resort strategy is to leave the US and go to Mexico.
>>Unfortunately, it will take not four or five months, but may take ten
>>years (depending on how long he was in the US unlawfully).
>
> You missed one point - unless I am missing something, though its the riskiest
> strategy of all and I certainly wouldn't advise it. If he exited the US the
> same way he entered it the US would have no record he was ever here and so he
> would not be subject to any bar.
One fallacy is to assume that just because there is no record, that it
wouldn't impact the legal situation. Let's say that the person left the US
and INS or the consulate really didn't find out about his presence in the
US. The bar would be based on the actual facts of the situation, not on
whether or not the consulate knows about it. If he got an immigrant visa
that way, and two years later somebody tipped off BCIS (or what is the
enforcement office's name?), he would lose his GC for immigration fraud
and be barred for life.
The other concern is that INS or the consulate *will* find out. First, the
visa application forms ask about previous stays in the US. And lying on
these forms about a material fact is immigration fraud. Second, if he
failed to disclose his illegal stay in the US, what do you think is going
to be the first question the consular officer will ask during the
interview? "How did you meet". Assuming that the US citizen spouse rarely
left the country (as most do), you'd have to be a very accomplished liar
to construct a credible story. And consular officers are trained to detect
lies, just as law enforcement personell are.
Once again, that would lead to a bar for life. If he sneaks across the
border and is caught, the bar would lead to several years in prison before
deportation.
> I repeat I am not advising that someone break any laws, I'm just pointing out a
> theoretical possibility.
>>Subject: Re: Background check info / illegally present in the U.S. before
>>From: "Ingo Pakleppa" [email protected]
>>Date: 3/13/2003 11:05 PM Eastern Standard Time
>>Message-id:
>
>>Finally, the last-resort strategy is to leave the US and go to Mexico.
>>Unfortunately, it will take not four or five months, but may take ten
>>years (depending on how long he was in the US unlawfully).
>
> You missed one point - unless I am missing something, though its the riskiest
> strategy of all and I certainly wouldn't advise it. If he exited the US the
> same way he entered it the US would have no record he was ever here and so he
> would not be subject to any bar.
One fallacy is to assume that just because there is no record, that it
wouldn't impact the legal situation. Let's say that the person left the US
and INS or the consulate really didn't find out about his presence in the
US. The bar would be based on the actual facts of the situation, not on
whether or not the consulate knows about it. If he got an immigrant visa
that way, and two years later somebody tipped off BCIS (or what is the
enforcement office's name?), he would lose his GC for immigration fraud
and be barred for life.
The other concern is that INS or the consulate *will* find out. First, the
visa application forms ask about previous stays in the US. And lying on
these forms about a material fact is immigration fraud. Second, if he
failed to disclose his illegal stay in the US, what do you think is going
to be the first question the consular officer will ask during the
interview? "How did you meet". Assuming that the US citizen spouse rarely
left the country (as most do), you'd have to be a very accomplished liar
to construct a credible story. And consular officers are trained to detect
lies, just as law enforcement personell are.
Once again, that would lead to a bar for life. If he sneaks across the
border and is caught, the bar would lead to several years in prison before
deportation.
> I repeat I am not advising that someone break any laws, I'm just pointing out a
> theoretical possibility.
Mar 14th 2003, 7:35 am
#5
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
[email protected] (NewYorkINSQ) wrote in message news:...
> >Subject: Re: Background check info / illegally present in the U.S. before
> >From: "Ingo Pakleppa" [email protected]
> >Date: 3/13/2003 11:05 PM Eastern Standard Time
> >Message-id:
>
> >Finally, the last-resort strategy is to leave the US and go to Mexico.
> >Unfortunately, it will take not four or five months, but may take ten
> >years (depending on how long he was in the US unlawfully).
>
> You missed one point - unless I am missing something, though its the riskiest
> strategy of all and I certainly wouldn't advise it. If he exited the US the
> same way he entered it the US would have no record he was ever here and so he
> would not be subject to any bar.
>
Except for those 5 arrest, which are surely prove he was in the US.
> I repeat I am not advising that someone break any laws, I'm just pointing out a
> theoretical possibility.
> >Subject: Re: Background check info / illegally present in the U.S. before
> >From: "Ingo Pakleppa" [email protected]
> >Date: 3/13/2003 11:05 PM Eastern Standard Time
> >Message-id:
>
> >Finally, the last-resort strategy is to leave the US and go to Mexico.
> >Unfortunately, it will take not four or five months, but may take ten
> >years (depending on how long he was in the US unlawfully).
>
> You missed one point - unless I am missing something, though its the riskiest
> strategy of all and I certainly wouldn't advise it. If he exited the US the
> same way he entered it the US would have no record he was ever here and so he
> would not be subject to any bar.
>
Except for those 5 arrest, which are surely prove he was in the US.
> I repeat I am not advising that someone break any laws, I'm just pointing out a
> theoretical possibility.
Mar 14th 2003, 7:48 am
#6
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
>Subject: Re: Background check info / illegally present in the U.S. before
>From: [email protected] (Mayo)
>Date: 3/14/2003 3:35 PM Eastern Standard Time
>Message-id:
>Except for those 5 arrest, which are >surely prove he was in the US.
OK. Good point
One wonders at the justice system that he managed to elude
deportation with that record.
Ingo's point about having to lie about the meeting is a good one too. The INS
have made me nervous enough in the past when I'm being honest. I'd be
petrified if I had to concoct an elaborate lie.
>From: [email protected] (Mayo)
>Date: 3/14/2003 3:35 PM Eastern Standard Time
>Message-id:
>Except for those 5 arrest, which are >surely prove he was in the US.
OK. Good point
One wonders at the justice system that he managed to eludedeportation with that record.
Ingo's point about having to lie about the meeting is a good one too. The INS
have made me nervous enough in the past when I'm being honest. I'd be
petrified if I had to concoct an elaborate lie.
Mar 23rd 2003, 11:00 am
#7
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
Ingo Pakleppa wrote:
> Hire a very competent lawyer, and be prepared to spend A LOT of money on
> them, likely well over $10,000. Generally, people who entered the US
> without inspection (i.e., crossed the river) are ineligible to adjust
> status. There are very limited exceptions:
>
> - if you were married before April 14, 2001, you may qualify for applying
> for a Green Card based on 245(i) after paying a $1000 fine.
>
>
> On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
>
>
>>Help??
>>I want to marry an illegal mexican. He is here illegally by crossing
>>the river. He has also been arrested for driving without a license...5
>>times. He has paid his fines but I want to know if this will affect
>>his petition. I met him when he was here in the USA illegally but he
>>is willing to go back to mexico for his interview and wait on his
>>petition acceptance even if it takes 4 or 5 months. Does anyone know
>>anything on this ... Paleeeezzee advise!! There are not any attorney
>>in my area or even on the phone who have time to answer my questions.
>>
>>thanks, Bombona
Actually, I think she would have had to file the I-130 visa petition
before April 14, 2001. As I read 245(i), the fact that the qualifying
relationship existed as of that date would not be sufficient.
I certainly agree that she should seek legal advice.
> Hire a very competent lawyer, and be prepared to spend A LOT of money on
> them, likely well over $10,000. Generally, people who entered the US
> without inspection (i.e., crossed the river) are ineligible to adjust
> status. There are very limited exceptions:
>
> - if you were married before April 14, 2001, you may qualify for applying
> for a Green Card based on 245(i) after paying a $1000 fine.
>
>
> On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
>
>
>>Help??
>>I want to marry an illegal mexican. He is here illegally by crossing
>>the river. He has also been arrested for driving without a license...5
>>times. He has paid his fines but I want to know if this will affect
>>his petition. I met him when he was here in the USA illegally but he
>>is willing to go back to mexico for his interview and wait on his
>>petition acceptance even if it takes 4 or 5 months. Does anyone know
>>anything on this ... Paleeeezzee advise!! There are not any attorney
>>in my area or even on the phone who have time to answer my questions.
>>
>>thanks, Bombona
Actually, I think she would have had to file the I-130 visa petition
before April 14, 2001. As I read 245(i), the fact that the qualifying
relationship existed as of that date would not be sufficient.
I certainly agree that she should seek legal advice.
Mar 23rd 2003, 11:03 am
#8
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
Ingo Pakleppa wrote:
> Hire a very competent lawyer, and be prepared to spend A LOT of money on
> them, likely well over $10,000. Generally, people who entered the US
> without inspection (i.e., crossed the river) are ineligible to adjust
> status. There are very limited exceptions:
>
> - if you were married before April 14, 2001, you may qualify for applying
> for a Green Card based on 245(i) after paying a $1000 fine.
>
>
> On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
>
>
>>Help??
>>I want to marry an illegal mexican. He is here illegally by crossing
>>the river. He has also been arrested for driving without a license...5
>>times. He has paid his fines but I want to know if this will affect
>>his petition. I met him when he was here in the USA illegally but he
>>is willing to go back to mexico for his interview and wait on his
>>petition acceptance even if it takes 4 or 5 months. Does anyone know
>>anything on this ... Paleeeezzee advise!! There are not any attorney
>>in my area or even on the phone who have time to answer my questions.
>>
>>thanks, Bombona
Actually, I think she would have had to file the I-130 visa petition
before April 30, 2001. As I read 245(i), the fact that the qualifying
relationship existed as of that date would not be sufficient.
> Hire a very competent lawyer, and be prepared to spend A LOT of money on
> them, likely well over $10,000. Generally, people who entered the US
> without inspection (i.e., crossed the river) are ineligible to adjust
> status. There are very limited exceptions:
>
> - if you were married before April 14, 2001, you may qualify for applying
> for a Green Card based on 245(i) after paying a $1000 fine.
>
>
> On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
>
>
>>Help??
>>I want to marry an illegal mexican. He is here illegally by crossing
>>the river. He has also been arrested for driving without a license...5
>>times. He has paid his fines but I want to know if this will affect
>>his petition. I met him when he was here in the USA illegally but he
>>is willing to go back to mexico for his interview and wait on his
>>petition acceptance even if it takes 4 or 5 months. Does anyone know
>>anything on this ... Paleeeezzee advise!! There are not any attorney
>>in my area or even on the phone who have time to answer my questions.
>>
>>thanks, Bombona
Actually, I think she would have had to file the I-130 visa petition
before April 30, 2001. As I read 245(i), the fact that the qualifying
relationship existed as of that date would not be sufficient.
Mar 23rd 2003, 4:01 pm
#9
Guest
Posts: n/a
Re: Background check info / illegally present in the U.S. before
On Sun, 23 Mar 2003 16:00:21 +0000, Jonathan McNeil Wong wrote:
> Ingo Pakleppa wrote:
>
> > Hire a very competent lawyer, and be prepared to spend A LOT of money on
> > them, likely well over $10,000. Generally, people who entered the US
> > without inspection (i.e., crossed the river) are ineligible to adjust
> > status. There are very limited exceptions:
> >
> > - if you were married before April 14, 2001, you may qualify for applying
> > for a Green Card based on 245(i) after paying a $1000 fine.
>
> >
> >
> > On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
> >
> >
> >>Help??
> >>I want to marry an illegal mexican. He is here illegally by crossing
> >>the river. He has also been arrested for driving without a license...5
> >>times. He has paid his fines but I want to know if this will affect
> >>his petition. I met him when he was here in the USA illegally but he
> >>is willing to go back to mexico for his interview and wait on his
> >>petition acceptance even if it takes 4 or 5 months. Does anyone know
> >>anything on this ... Paleeeezzee advise!! There are not any attorney
> >>in my area or even on the phone who have time to answer my questions.
> >>
> >>thanks, Bombona
>
> Actually, I think she would have had to file the I-130 visa petition
> before April 14, 2001. As I read 245(i), the fact that the qualifying
> relationship existed as of that date would not be sufficient.
>
> I certainly agree that she should seek legal advice.
You are right, I was sloppy in how I phrased it.
> Ingo Pakleppa wrote:
>
> > Hire a very competent lawyer, and be prepared to spend A LOT of money on
> > them, likely well over $10,000. Generally, people who entered the US
> > without inspection (i.e., crossed the river) are ineligible to adjust
> > status. There are very limited exceptions:
> >
> > - if you were married before April 14, 2001, you may qualify for applying
> > for a Green Card based on 245(i) after paying a $1000 fine.
>
> >
> >
> > On Thu, 13 Mar 2003 13:38:34 +0000, Bombona wrote:
> >
> >
> >>Help??
> >>I want to marry an illegal mexican. He is here illegally by crossing
> >>the river. He has also been arrested for driving without a license...5
> >>times. He has paid his fines but I want to know if this will affect
> >>his petition. I met him when he was here in the USA illegally but he
> >>is willing to go back to mexico for his interview and wait on his
> >>petition acceptance even if it takes 4 or 5 months. Does anyone know
> >>anything on this ... Paleeeezzee advise!! There are not any attorney
> >>in my area or even on the phone who have time to answer my questions.
> >>
> >>thanks, Bombona
>
> Actually, I think she would have had to file the I-130 visa petition
> before April 14, 2001. As I read 245(i), the fact that the qualifying
> relationship existed as of that date would not be sufficient.
>
> I certainly agree that she should seek legal advice.
You are right, I was sloppy in how I phrased it.
