My parents brought my brother to the us from Mexico when he was 2 years old. He is now 31 years old and is getting married. He has no papers.
Question
My parents brought my brother to the us from Mexico when he was 2 years old. He is now 31 years old and is getting married. He has no papers. What should he do?
Answer
Each case is different. Allow me to first explain some brief rules. Then you can decide whether to discuss further with us what can be done. These are general rules which may not apply exactly, but you should get the idea.
Since your brother entered the U.S. illegally and is now over the age of 30, in all likelihood there is nothing that can be done currently to make him legal while he remains in the U.S. At some point he must depart the U.S. and return on a fiance or marriage visa based on his relationship to a U.S. citizen.
Here are some exceptions:
- a family member filed immigration papers for him prior to April 2001;
- the foreigner is the victim of a crime or has been abused by a U.S. citizen spouse;
- the U.S. citizen is a member of the U.S. military; or
- the foreigner is eligible for political asylum or refugee status.
- the foreigner is in removal (deportation) proceedings. In some cases, removal can be cancelled.
This is the first new Obama Administration rule implemented on August 18, 2011: Illegal Amnesty
Please note that for DREAM Act children who entered the U.S. under the age of 16 years and the date of entry was prior to June 16, 2007, see this blog post: DREAMer (DACA) Policy Change – New Obama Rule
Since your brother is now over 30 and has been in the U.S. illegally for more than one year after his 18th birthday, then when he departs the U.S. he will be barred from returning here for 10 years, married or not. Our goal will be to try to have the bar set aside and bring the foreigner back to the U.S. and obtain a U.S. permanent resident green card. We also look to take advantage of any new laws that might benefit him during case processing. There is a new 2nd change in Obama Administration policy which allows us to preprocess on a bar waiver prior to departing the U.S. If the bar waiver is approved in advance, this greatly increases the chance of obtaining a fiance or spousal visa and returning to the U.S. lawfully.
If he leaves the U.S. and is barred from coming back for any reason, then the only way to set the bar aside would be to show that the U.S. citizen cannot reside together as husband and wife outside the U.S. The foreigner is barred from the U.S. but the U.S. citizen is not barred from moving outside the U.S.
Is there any reason the U.S. citizen is unable to reside outside the U.S. due to a serious and permanent medical condition or some other combination of serious hardships? Taken as a whole, any problems must stand out above everyone else in her situation. You must be worthy of a bar waiver because there is no other reasonable way to be together outside the U.S. The large majority of bar waiver petitions are denied.
If your brother and his fiancee are in a situation where the U.S. citizen is not able to reside outside the U.S., please let me know and we can discuss further. We handle many bar waivers in this office.
If your brother does not fit into one of the exceptions above, or if he does not have a compelling reason why they cannot reside together outside the U.S., then a choice may be to wait to see if laws are changed to benefit undocumented foreigners living in the U.S. If you hear of a change in law, please contact us and I will see what can be done for you.
You are welcome to contact me if you like to discuss further.
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I’m really not understanding this entry, sorry, but i just have a couple of questions, ok, so, i am a u.s citizen, and my husband is here in the u.s illegally, he came here illegally, and has been here for 5 yrs. i just want to know is there anything that can be done for him, regardind to papers? can i fix him papers to become a u.s citizen? we also have a 1 yr old son, does that matter?
Also, so many people have been telling me something abou when people come to the u.s illegally for a reason, like if they were in dangered in their country or just because, that their is an “apology letter” that they can write to the state or i dnt know who , and that they can be forgiven, but would have to pay a fine..is that true? please getbk to me if you can i would appreciate it thank you,, also one more q, if he goes back to his country, then, can i bringhim back with a visa or not?
Melissa, Thanks for this post. The information I presented above regarding foreigners who are in the U.S. illegally is concise and accurate. Sometimes it can take a couple of readings to sink in properly. Also, each person’s situation is different, so a separate email to me can help. Lastly, I often have the most difficult time when a person such as yourself has collected lot’s of information from different people, some of which seems in conflict. It gets confusing and I need to explain why what I am saying is correct. I don’t mind because I know you want to understand. I want to explain as clearly as possible.
Whether or not you can fix his papers stateside depends on your situation. Most want to keep the foreigner in the U.S. without sending him home to reprocess legally on a proper visa. It can be possible to keep your husband here if you qualify under one of the 5 numbered items listed above. If you do not fit under one of those 5 items, then he cannot become legal by remaining in the U.S., in all likelihood under current law. I do not expect the law will change anytime soon.
Someone who is in danger of their country might fall under item number 4: the foreigner is eligible for political asylum or refugee status. This would be a court proceeding. Political asylum must generally be filed in court within one year after the foreigner arrives in the U.S.
Paying a fine would relate to item number 1: a family member filed immigration papers for him prior to April 2001. This is a grandfather clause for a prior set of immigration rules. For those who qualify, they must pay a fine.
An apology letter refers to a bar waiver application. It is very weak evidence to present. If a foreigner has broken our immigration rules by living in the U.S. illegally, an apology letter will not help. The bar triggers when the foreigner must depart the U.S. in order to return here legally on a visa.
What helps in pursuing a bar waiver are compelling reasons the U.S. citizen is unable to reside abroad due to a serious and permanent medical condition or some combination of hardships that are unique to the U.S. citizen and would amount to extreme. Having a U.S. citizen child is not a unique hardship, or even necessarily a hardship. Many children live outside the U.S. Hardships depend on your individual circumstances relating to that child and other things in your life that are compelling and would prevent you from living abroad. For example, some children have serious medical needs. If they move outside the U.S. they might die. Does that make sense? Kind regards,
Allan Lolly
My wife came to the United States illegaly through Laredo,Texas in 2002.We met and got married in 2003.We`re blessed with three beautiful girls.Ages 8,6 and 4.I a US citizen.In 2005,I applied to change her statues but the forms I fowarded to USCIS was returned.I was informed that my wife has to go back to her country of origine.Only then that l will be able to file for her neutralization in the US.My wife went back to her country of origine in 2009.Our children who are US citizens and are borned in Houston,Tx,naturely wants to be with their mother. I have filed all the required documents needed since 2009.The consulate in Nigeria,her country of origine,keep sheduling her for interviews after interviews.They tell her they have to investigate some more.My wife left the US on her own will.She had no deportation procedings or asked to leaveand she was not deported.The last consulate officer advised her to file for a waiver.I am in the United States and my family are in Nigeria.My question is do I the citizen file the waiver here in US or Nigeria?Thank You!
Robert, Greetings. In your case, the I-601 bar waiver application must be filed in Lagos, Nigeria, not in the U.S. The large majority of bar waiver applications are denied. You must have compelling reasons to lift the bar and must be thoroughly documented with legal argument. Proceeding with a bar waiver is like going to court. So often, people proceed on their own like this believing that because they have children and are married, they are deserving of a bar waiver. Immigration agencies are serious. A bar means she’s barred. If you want to try and lift the bar you should be working with an experienced immigration attorney.
Your case has been delayed intentionally because immigration officers have a duty to find problems. When working on your own you become an easy target for delay and denial. In this situation you should not be working on your own. It’s a mistake. It is not clear you qualify for a bar waiver based on what you wrote. Arguments must be developed. I need to screen the case to see what is possible. If you have a serious interest in working together with me, I would be glad to discuss. Please call 1-888-483-0311 (toll free from the U.S.). Kind regards,
Allan Lolly
My boyfriend was brought to the U.S. after April 2001 by his mother who was on a worker’s visa, and he himself was brought on a visitor’s visa. His visa has since expired, but he has not yet reached his 18th birthday, which is this year. His mother still holds a current worker’s visa. How can she go about helping him obtain his residency? And if she cannot help him, what can we do? He has very strong desires to go into the US Marine Corps, which naturally you have to have at least a green card to be able to do so. The recruiter already told us that after some heavy research he found out that there is nothing he can do to help us. I am a US citizen, and we considered the option of being wedded when I turn 18 (which will be in May of next year). We do love each other and have been together for almost two years but we were hoping there would be some other way than to be wedded so early in life. (And naturally my parents are against the idea of it, although once I’m 18 even they have to admit that there would be nothing they could do to stop me from making my own decision…)
Please, is there anything you see that can be done besides the ladder? And if not, would we be even able to apply for a marriage visa, when both of us will be only 18 years of age? Thank you!!
Amanda, Thanks for asking. Yes, you can marry when you are both 18 years of age regardless of whether parents consent or not. Often for couples, immigration rules will tend to push you toward marriage before you are ready because the foreigner has very little choice. In your case, you are young. You need to think about the relationship deeply. If things do not work out, then you will eventually divorce and some day you might meet another man whom you also adore. These are big life decisions, so take a moment and think what is right for you. If you feel marriage is the right choice, then you would be doing your boyfriend a big favor to marry him and help him obtain permanent residency status based on marriage. A marriage visa is a bit different, but also a possibility depending on your personal plans.
Now that your boyfriend is out of status, he cannot be put back into status based on his mother’s work visa status. Also, if your boyfriend departs the U.S. shortly upon turning 18 years of age then he will not be penalized for being in the U.S. as a minor child. The penalties begin to accrue only after he turns 18. Finally, he remains in the U.S. unlawfully and you do not marry, there is the chance he can continue remaining in the U.S. and eventually marry another U.S. citizen. The bar triggers only when he leaves or is forced out of the U.S. through deportation proceedings and so forth.
I hope these comments are helpful. Please think of yourself first and only act if marrying him is right for you. He has other options. Kind regards,
Allan Lolly
I enter the U.S1996 with a tourist visa and I went back to Mexico in 2003. In 2005 I came back thru the border illegal and I was arrested . I have two kids that were born in U.S . My parents are citizens. What chance do I have to become legal.
Ricardo, You mention you were arrested at the border in 2005 and ask what chance you have to become legal. Does this mean you are currently in the U.S. now? If so, then the penalties for illegally entry after deportation are severe. Here is a blog post on this issue: Illegal Entry After Deportation
If you are in Mexico and did not reenter the U.S. illegally after deportation at the border in 2005, then I may be able to assist. You are welcome to contact me at allan@asl-lawfirm.com. Kind regards,
Allan Lolly
I didnt really understand either. My fiance was legally brought into the country when he was about 8 or 9 by his grandmother that is a u.s citizen. They never finished the paperwork to complete the citizenship for him. Now when he was 16 he got in trouble with the law and did 2 years and a half. Then was deported to the dominican republic. i currently reside over there with him but i cant stand the country! so what is it exactly that i have to do to get him to the u.s. ?? even if he can get a visa instead of the residency
Samantha, The information posted by blog is general in nature and not intended to apply to any particular case. You can see in my post I did not discuss deportation based on crimes, or what is called post-conviction relief if it even applies in your son’s case.
Your situation does not look good. It appears that your son was convicted of a serious crime if he spent 2 1/2 years in prison for it. He was likely deported for good cause. It seems you are able to live as a family outside the U.S. even if this is not your best choice. I have a feeling you’re stuck. You are welcome to write to me directly at allan@asl-lawfirm.com if you want to discuss further. Kind regards, Allan
Dear Allan, I have a question invilving my case. My husband and I have been married for almost 3 years, we have filled out our paperwork but have not yet sent it off, he has literally abandoned our daughter and myself now. He moved to another city, has not been paying th erent on times, ignored my calls for 2 weeks and has been gone now almost 5 months. I have to ask family to pay my bills and send money for food. He now has a girlfriend and asked for a divorce. He has caused me alot of anguish as I have one more semester in school but cannot continue because I am out of status. Is there anything I can do? Can I file under emotional abuse as he has abandoned us and does not support us? PLEASE HELP. I am struggling!
Kacee, There is a set of laws called the Violence Against Women’s Act. Physical or emotional abuse can be grounds for filing a self-petition to legalize your status. However, the level of abuse must be extreme. Cheating on you and not paying the bills is something that is not unusual when a couple is separating and a divorce is at hand. What you describe is not good grounds for self-petitioning a green card.
You mention you are a student out of status. A danger of going out of status is that you are at risk from an immigration standpoint. It is important for couples who marry to move forward quickly with immigrant processing to keep the foreigner safe. At this time, there does not seem to be an immediate immigration filing available to you except perhaps reinstatement of your student visa. You might still be able to avoid immigration penalties and I think a phone consultation can help. Since advice is all I can offer for the moment (no obvious immigration filings), a paid phone consultation would be appropriate. You are welcome to email me at allan@asl-lawfirm.com to inquire further if you like. Kind regards, Allan
Hi, I have a question concerning the new DREAM ACT.
One of the restriction is that you have to be under 30?..The problem is I’m 30 and 9 months old…Would that make me ineligible to apply?
Jonny, It’s an interesting question. The new policy applies to foreigners who are not above the age of 30. You are 30, so arguably you are not yet above 30. On the other hand, not above 30 may refer to those who are under the age of 30. The wording in the policy is not clear.
There are risks in trying to obtain deferment. The USCIS has discretion to approve or deny. When you apply, you are revealing your location in the U.S. If you are denied, you can be given notice and placed in removal proceedings. One school of thought is that foreigners should apply for deferment at this time only where it is clear they qualify because any decision by the USCIS is discretionary and not a matter of right. You have no rights. There is only the policy to approve those who clearly qualify. The other school of thought is, “nothing ventured, nothing gained.” If you don’t try, then you have nothing anyway. It is not clear you qualify. Your situation is risky. I would be glad to discuss by phone if interested. Kind regards, Allan Lolly
For more information on the DREAM Act policies, go to: DREAMer (DACA) Policy Change – New Obama Rule
hi, i came to the united states legally on a student visa and i over stayed my visa by 6 or 7 months but i got married couple of months ago but i still didn’t file my case , am i gonna have to leave the country and process my papers or should i just do the normal procedures ?
Karim, Student visas are often misunderstood. There are several types of student visas: F, J, M, etc. Each visa type has its own restrictions. There is a good chance you can remain in the U.S. and apply to be put into status as a permanent resident based on marriage to a U.S. citizen. There is a reasonable chance that if you depart the U.S. now you may be barred from returning to the U.S., married or not. Given the length of apparent overstay, it is important to seek out legal advice quickly and learn your options. You are welcome to call if you like and I would be glad to discuss and possibly assist. My number is 1-888-483-0311 (toll free from the U.S.). Kind regards, Allan
My question is I married my wife in June 1999 when we were both 18. She was brought to the US illegally by her grandmother when she was 15 years old. I met her in high school and got married right after we graduated high school. She did not graduate because she did not pass the Texas TAAS test. She is currently working on getting her GED. I filed her I-130 and it was approved but she could not apply for a change in residency status, we were told that we had to file fir a non-immigrant visa. I submitted all the paperwork for her visa but we were missing some items. I’m currently trying to get all the missing items to send to the visa center. Once the visa office receives the missing items they will schedule our interview, but the problem with that is that the interview will be in Mexico and with me being in the US Army I cannot travel to Mexico. Is there a way to complete the interview here in the states instead if mexico.
Rafael, Thank you. Have you been working with an immigration attorney on this matter? Based on the actions you’ve taken so far, she has no choice but to travel to Mexico. When she goes to Mexico for her visa interview she will trigger a 10 year bar as mentioned above. It is not clear to me she qualifies for a waiver of the bar. Being in the military is helpful, but is not enough by itself to lift the bar. A discussion concerning hardship qualifications is required. Otherwise, she can be barred from the U.S. without the ability to return for 10 years.
There are a couple of opportunities for her to either try and avoid triggering a bar or even successfully lifting the bar. It sounds as if she might fall under DREAMers and this can help allow her to remain in the U.S. without fear of deportation. Another option might be to legalize her status through what is called parole in place since you are in the military. There is a special provision for military personnel who have combat duties or are otherwise under stress. Sometimes, we can argue favors and try and work around the rules to keep her here. Finally, if she must go to Mexico there can be the possibility of applying to lift the bar before she departs the U.S. In this way, you would know in advance whether her bar waiver petition is approved before departing the U.S. Most bar waiver applications are denied, so please be careful. Allan
Hello I’m Jessica well in 2 months I will be 18. I was approved for the Deferred Action I have a workers permit and a social security. I have a baby and live with my boyfriend who is a U.S. citizen we want to get married when I turn 18. We are also going to file an application for a green card (for myself) I am aware that people who file an application for a green card thru marriage need to return to their home country for 2 weeks or even longer. My question is would I have to return to my home country? I’m very afraid of going because I heard of cases that take more than a year and I don’t have any close family there and would affect my family since I would have to be away from my 10 month old son and my boyfriend…
Jessica, Generally, if you must return to your home country it would be for about 2-4 weeks or so, depending on your situation. Most foreigners do not qualify for a bar waiver. I cannot tell your chances of success. I do believe that when you try and work on your own, its risky behavior. Once things turn against you, it is very difficult to obtain positive results into the future. It helps to do things properly in the beginning and throughout case processing. If you have an interest in possibly working with me you are welcome to contact me off-post to discuss. I do not charge for phone consultations for those interested in possibly working with me. Kind regards, Allan
Hi
i am a Nepalese Nationality. i applied for C 1 D visa but officer gave me B1 B2 visa which is multiple entries till 2019. now, please let me clarify that can i stay usa and meet my relatives during my holiday time and spend more than 29 days? and also can i used my visa in future to meet my relatives & friends in usa because i have contract for only 6 months in ship company.
currently i am in Nepal and very soon i am going usa to join in ship company. (my employer)
Regards
Gurung
Gurung, A B1/B2 visa is better than a C1-D. A border agent at a U.S. port of entry will tell you how long you can remain in the U.S. each time you travel to the U.S. You can use the B1 business visa for transiting onto your cruise ship. You can also use the B2 visitor visa to visit friends and relatives. Kind regards, Allan
Hi! My husband came from Mexico to US illegally twice. He tried to fix his papers with a lawyer in 1997 through his job that was a crook he took his money and put a false stamp on his passport. My husband was able to obtain a ss# however when he tried to apply for a license that is when he realized that the stamp was false. I am a US Citizen from Romania now we are being married for 10 years we have two children plus one son from my previous relationship, I tried to apply for him in 2007 for adjustment of status however no success we were told to wait for the law to change or get out of the country for 10 years. He stayed no deportation was filed against him yet. Can this situation be fixed?
Thank you!
Mihaela
Mihaela, It is possible to fix this situation. These sort of things cannot be handled easily by post o email. A phone call is best so I can examine some details and then figure out an immigration strategy. Can you please review the contact information on this page and call me? I would not charge for a phone conversation in this case so I can better understand. I hope to hear from you. Kindly, Allan
Hi,
I was detained and barred from entering the states for 5 years in February 2016. I’m from Fiji and i hav had a b1 and b2 visa with 2 year multiple entry on LPR basis. Now my wife is a U S citizen and she is staying in an apartment amd has alot of difficulties with bills and rent. I need to get back to my wife as she is going thru alot of financial difficulties. I kept visiting states for the past 1 1/2 yrs staying in the states for 6 months den back to fiji for 2 weeks but i was stopped.. please help me, i need to back to my wife asap as the apartment contract will expire in november n even her family disowned her after marriage…thank u..we r filing I130 with 601..please help me out over here..thnx
Ravinesh, Thank you for your inquiry. If you have an interest in perhaps working with me on case processing, can you please call me or have your U.S. citizen wife call to discuss? I would like more details about your case and then I can sort out an immigration plan with a timing estimate and cost. Very kindly, Allan