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Can my friend marry us girlfriend ?

Can my friend marry us girlfriend ?

Old Dec 19th 2001, 7:01 pm
  #1  
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HI!
I already posted story about one my friend and i have now some more info about his case.
If anyone has some advice it will be very welcome.
My friend was born in Croatia. Beacuse of war in Croatia hi,his sister and his parents applyed for refugee status in usa ambassy in Germany( 3 years ago). He was denied for some reason but his parents and sister are not. They (his parents and sister) came in USA and they have refugee status now.
2 years ago he got Italian passport (beacuse of his italian origin) and hi came to usa to visit his parents.(hi does not need visa for italian passport).He had not intention to stay in usa for long time.
In that time, his mom got seek (cancer) and he sent one letter to ins asking them to extend his 6 months b1/b2 visa for another 6 months.
His request was approved.
Now,his his mother is better but is still under terrapy.
But his visa is expaired now for almost 1 year.
He has american girlfriend and he wants marry her soon.
And there could be problem.
When hi filed paper for I94 in airplaine he put answer NO under question - Have u ever applyed for us visa in past ?
Actually,he never apllyed for us visa with his Italian passport in past but he did for refugee status with his CROATIAN passport !
Can he have problems for that ??
Does refugee status is also one kind of visa?
Can he have problems if he marry his us girlfriend beacuse he has 2 nationality and he was denied in past for refugee status?
thanx
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Old Dec 19th 2001, 8:15 pm
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Yes it will be a problem. He will have to do a biographical form and on that form he will have to list that where he is from and will have to given his birth certificate. Somewhere along the line his fingerprints will be taken and checked by the FBI and CIA. If the reason that prevented him from getting refugee status is criminal, then he will not have an easy time with adjusting status based on marriage. In fact he might be deported and because of the one year overstay will be banned from entering the US for 10 years. His wife would have to file for a hardship waiver and this is a lengthy procedure and not always successful.

As for the I-94, visa or refugee status, that determination I suppose is an INS distinction. To me, he applied to come to the US as an immigrant and it was denied. Don't know if INS will see it the same way and thereby consider his completion of the I-94 as fraudulent.

Was your friend perhaps a member of the military and is under or was under investigation for war crimes?

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Old Dec 19th 2001, 8:54 pm
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NO NO! He is not criminal or anything.
When he was in us ambassy on interview with his parents he did say wrong date when he entered in Germany.He was not prepared for that interwiew!
It is ONLY reason! He was 21 that year.
Now,we just want to know if he and his girlfriend can apply to change his status now.
He does not have any criminal or other record,only thing that he wants to know is what to say to ins officer on interwiew or in biographical form?
Can he just say that he did not know that apply for refugee status is same like for apply for any kind of visa?
If he take one immigr. lawyer will it help him much?
thanx
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Old Dec 19th 2001, 10:02 pm
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Definitely needs an immigration attorney. A very very good one. I find it hard to believe that the US Consulate denied his refugee petition because he asked one question incorrectly while they gave that status to his parents and sister. It doesn't not quite ring true. Plus the fact that he is trying to circumvent his original citizenship by presenting an Italian passport obtained after denial of his refugee status.

He can marry anyone he wants to. The question is will he be allowed to remain in the US and adjust status to a green card. No one is going to stop him. No one can tell him what to say at the interview or what to put on his biographical form. Are you asking people here to tell you to help him fabricate a story. The only advice he should get is to tell the truth.



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Old May 1st 2003, 5:08 am
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Does each person applying for refugee status have to have their own petition filed for them - or is there a derivative category as for many other categories - say for children under 21 ?
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