TuffEnuff

My name is Emily, and am writing on behalf of my illegal alien husband, Jerome. A refresher for those who don't know....he was snuck into the country across the canadian-ameriican border and flew into NYC when he was 3 years old. He lived in NYC unknowingly that he was of illegal status until 2 years ago. He is 19 and a half now. We got married in April, 2002 (I am 22, and am a USC) We have been happily married since, and have retained a lawyer. We were advised to wait for the Life Act to be reinstated, but it never was, so now our him and our lawyer have filed an I-130, a G-325A, a I-485, an I-693, an I-864, and an i-765. i also have submitted to my lawyer my past 3 years of tax returns. Jerome has a one year old son, and also a terminally ill 4 year old brother (USC) as well as a 7 year old USC sister. He graduated high school and has been of good moral character..never conviiceted of a crime. He has medical records, as well as school records that date back to 1987 that proves hes been here. the only problem is that he was never inspected...his mom paid a lady to use another liittle boys birth certificate ( the other little boy was, of course a USC.) Any comments or suggestions? Our lawyer does't see any complicatiions, and we are feeling pretty optimistic at this time. Has anyone heard of any situations similar to our own? Please respond. thanks.
God bless..
-Emily and Jerome

Michael E. Piston

I am confused by your post. If your husband entered the U.S. under the guise of being a U.S. citizen then he is, as you aware, considered not to have been inspected by an immigration officer and so is apparently ineligible to adjust status in the U.S. unless an immigrant visa petition was filed on his behalf on or before 4/30/01, which apparently is not the case. Therefore it appears, based upon the information provided, that the I-485 filed in this case is futile. Rather, there are only 2 ways I see it possible for him to get a legal status in the U.S. One is for him to apply for either a K-3 or an immigrant visa in at a U.S. consulate, most likely in his country of citizenship. At that time he will need a waiver of the 10 year bar on returning to the U.S. since he has been "unlawfully present" in the U.S. for over 1 year since his 18th birthday. Alternatively, when the INS denies his I-485 it will almost certainly place him into removal proceedings. There he may apply for "cancellation of removal" to the Immigration Judge, who has the discretion to grant him permanent residency if he demonstrates that his spouse (you) and/or any of USC children of his would suffer exceptional and extremely unusual hardship if he was deported.
Incidentally, even if no labor certification or immigrant visa petition was ever filed upon his behalf on or before 4/1/01, he will still be eligible for adjustment of status under the Life Act if such a certification or petition was ever filed for either of his parents prior to his marriage.

TuffEnuff

Im sorry to confuse you....but, my husbands mother snuck him into the country using another little boy's birth certificate. To put it simply, lets say my husbands moms name is sarah. sarah had a friend who lived in NYC named nancy. Nancy had a liittle boy who was about the same age as my husband. Nancy sent Sarah the birth certifiicate viia mail to sarah who was stiill in canada awaitiing to take a flight to nyc. so, my husband entered the country illegally because his mom showed the inspection agent someone elses birth certificate. Either way, when my husband was 3 yrs old, he entered the country without legally being inspected.

Michael E. Piston

This I understand. What I don't understand is why you think he can adjust status in the U.S. Unless a labor certification or immigrant visa petition was filed upon his behalf on or before April 30, 2001, he can't.