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Second, coming to the US illegally or staying here illegally (like after a non-immigrant visa has expired) is NOT a crime so the illegals are NOT criminals. It is illegal but it's a violation of a civil law, not a criminal law (however repeated illegal entry is a crime but being here illegally is never a crime).
If they caught him, worst case scenario is he'd be deported and banned but repeated illegal entries could buy him a couple of years in the clink, technically speaking. Realistically, he would probably never be put in prison but that doesn't mean he wouldn't still be accumulating a pretty impressive immigration rap sheet.
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Third, for someone in the OP's situation there are NO easy or quick solutions. Because her fiance entered the US illegally, without a visa and the so important I-94, he is ineligible for a green card or any other kind of visa that would make him legal even if he married his US citizen girlfriend. Had the fiance entered the US legally, such as with a tourist visa or a student visa, he would be able to get a green card if he married a US citizen and in that case it's a pretty easy process (the illegal presence and even illegal working is forgiven for spouses of US citizens who have overstayed their visas - this is only the case for spouses of citizens and no other immigrant category).
I've never heard of such a thing, and have heard a lot of anecdotal evidence to the contrary. The only time I've ever heard of illegal presence being forgiven as a matter of routine is for children brought to the US by parents/guardians. The clock doesn't start ticking on their illegal presence until they turn 18.
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But since the OP's fiance sneaked across the border the situation is much more complicated. It is possible for him to become a legal permanent resident, aka a green card holder, BUT he would have to go back to his country and apply for a green card, or a fiance visa that leads to a green card, at the American embassy there. The problem with doing this is that since he entered illegally, which is officially called "entered without inspection" or EWI, he will have to suffer a penalty and that penalty is being barred from coming back to the US for ten years. (For anyone who has been here illegally for less than one year the bar is for 3 years instead of 10.)
Correct.
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So, what the OP has to do is to have her fiance go back to Guatemala, marry there and go to the embassy to apply for a green card. At that point they may tell him, if they know that he's been here illegally, that he has to serve out the 10 year bar or, if he's very lucky, he may get a three year bar or no bar. I wouldn't count on it though.
If it were up to me he'd get a lifetime ban.
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There is one way around the bar and that is to apply for a hardship waiver. To get this waiver you have to prove that the immigrant being barred from the US for ten years would cause an undue hardship for the US citizen (the OP). These waivers are extremely, extremely hard to get though and are almost always denied. You do need a lawyer to apply for a waiver. If you do see a lawyer who tells you that he can easily get you a waiver and that it's no big deal take your money and get the heck out of there. That lawyer is lying and is just telling you what you want to hear to get hired. He makes money regardless of what happens with the immigrant. Many immigration lawyers are unscrupulous.
The only other option to having the fiance go back to Guatemala and serve out the bar is to remain here illegally which is sooner or later going to end badly. There is no future in that kind of life.
Correct again. Hardship waivers are very hard to get.
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Finally, regarding the OP's original question, there is unfortunately no way that your fiance can get a state ID having entered without inspection. He has no way of getting the documentation needed for a state ID. However, in many places he doesn't need a state ID to get married to you. His passport is enough in many places. If your county required a state ID check with some of the neighboring counties. Illegals get married all the time in the US and so do people on tourist visas who also can't get state ID's. There are no benefits to his immigration status by marrying at this time though.
a) English ist not a requirement for Green Card or Naturalization.
b) Foreign spouse go to the US Embassy in Guatamala and apply for a Green Card? Please give some details?
People applying for naturalization do need to be able to pass the test and answer questions at the interview in English so you do have to be able to speak decent English to fulfill the requirements for citizenship. I never said that speaking English is required for a green card.
When applying for a green card from a foreign country some things are handled at the US embassy, such as the interview. One doesn't actually go in to the embassy and fill out a green card application but I didn't feel it was needed to go into details in an already very long post. The point is that the foreign spouse has to apply for a green card from his country and will be dealing with the embassy.
If they caught him, worst case scenario is he'd be deported and banned but repeated illegal entries could buy him a couple of years in the clink, technically speaking. Realistically, he would probably never be put in prison but that doesn't mean he wouldn't still be accumulating a pretty impressive immigration rap sheet.
I'm not sugarcoating. An immigration violation is a civil offense, not a criminal offense. Yes, you can be punished for violating immigration law just like you can be punished for parking illegally but you're not committing a crime when you break parking laws. You're committing a civil offense just like the immigrant who is here illegally. The exception, like I said, is repeated illegal entry which is a crime.
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I've never heard of such a thing, and have heard a lot of anecdotal evidence to the contrary. The only time I've ever heard of illegal presence being forgiven as a matter of routine is for children brought to the US by parents/guardians. The clock doesn't start ticking on their illegal presence until they turn 18.
The anecdotal "evidence" you've heard of is wrong. A person who entered legally but overstayed his visa can adjust status through marriage to a citizen and the illegal presence and work is then forgiven. In the case of kids under 18 they are not technically forgiven since they never broke the law to begin with. The law breaking doesn't start until they turn 18. I'm sure you can easily find into to back up what I'm saying if you want to.
I'm not sugarcoating. An immigration violation is a civil offense, not a criminal offense. Yes, you can be punished for violating immigration law just like you can be punished for parking illegally but you're not committing a crime when you break parking laws. You're committing a civil offense just like the immigrant who is here illegally. The exception, like I said, is repeated illegal entry which is a crime.
The anecdotal "evidence" you've heard of is wrong. A person who entered legally but overstayed his visa can adjust status through marriage to a citizen and the illegal presence and work is then forgiven. In the case of kids under 18 they are not technically forgiven since they never broke the law to begin with. The law breaking doesn't start until they turn 18. I'm sure you can easily find into to back up what I'm saying if you want to.
They can adjust status but that doesn't mean that past immigration offenses are automatically forgiven, and they aren't always. They'll have an easier time than an EWI but it's certainly not as easy as you are suggesting it is.
I'm not sugarcoating. An immigration violation is a civil offense, not a criminal offense. Yes, you can be punished for violating immigration law just like you can be punished for parking illegally but you're not committing a crime when you break parking laws. You're committing a civil offense just like the immigrant who is here illegally. The exception, like I said, is repeated illegal entry which is a crime.
The anecdotal "evidence" you've heard of is wrong. A person who entered legally but overstayed his visa can adjust status through marriage to a citizen and the illegal presence and work is then forgiven. In the case of kids under 18 they are not technically forgiven since they never broke the law to begin with. The law breaking doesn't start until they turn 18. I'm sure you can easily find into to back up what I'm saying if you want to.
The problem is that illegals are rarely only simply here illegally, they're often working here illegally. If they take a job that's off the books, working for cash under the table, they almost always break the laws that require them to report income and pay taxes on the income. And very very often they're committing felony document fraud and identity theft. If they drive, they almost never have liability insurance or a drivers license.
I'm not sugarcoating. An immigration violation is a civil offense, not a criminal offense. Yes, you can be punished for violating immigration law just like you can be punished for parking illegally but you're not committing a crime when you break parking laws. You're committing a civil offense just like the immigrant who is here illegally. The exception, like I said, is repeated illegal entry which is a crime.
The anecdotal "evidence" you've heard of is wrong. A person who entered legally but overstayed his visa can adjust status through marriage to a citizen and the illegal presence and work is then forgiven. In the case of kids under 18 they are not technically forgiven since they never broke the law to begin with. The law breaking doesn't start until they turn 18. I'm sure you can easily find into to back up what I'm saying if you want to.
You are wrong Lizita. It is a crime , punished by time in Jail or Prison. It is federal law as Big D quoted. He is correct , that's federal law and it is a misdemeanor (EWI) - Entry without Inspection, and Felony RE-entry as Big D quoted. Simply, Illegal people have committed a crime , broken federal law. Look up Federal Law 8 USC 1825 to start with.
Your example of parking laws or traffic laws are also misdemeanors and crimes. Reckless driving is a misdemeanor crime just like Entry without Inspection. Illegals on the Border when caught are often convicted and sentenced to 10 days in Prison in Federal Court!
To the Original person: Like many people told you here, the best thing for sure is for him to return to his country and you apply for his legal entry. This is what a Immigration Lawyer is going to tell you. It will cost money , but you will also not worry every day he may be deported...
I love it how so many people comment and give advice knowing so little about the issue.
Then take the following with a grain of salt.
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Originally Posted by Lizita
Second, coming to the US illegally or staying here illegally (like after a non-immigrant visa has expired) is NOT a crime so the illegals are NOT criminals. It is illegal but it's a violation of a civil law, not a criminal law (however repeated illegal entry is a crime but being here illegally is never a crime).
EWI is in fact a Class 4 Federal Misdemeanor, a second EWI is in fact a class 6 Federal Felony. A visa overstay is simply a violation of immigration law equivalent to an infraction as the VO can apply for Change of Status while the EWI can not. Immigration court is a criminal court since it is the feds prosecuting the individual (Prosecutor vs defendant) while civil court is opposing parties (plaintiff vs defendant).
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Originally Posted by Lizita
Third, for someone in the OP's situation there are NO easy or quick solutions. Because her fiance entered the US illegally, without a visa and the so important I-94, he is ineligible for a green card or any other kind of visa that would make him legal even if he married his US citizen girlfriend. Had the fiance entered the US legally, such as with a tourist visa or a student visa, he would be able to get a green card if he married a US citizen and in that case it's a pretty easy process (the illegal presence and even illegal working is forgiven for spouses of US citizens who have overstayed their visas - this is only the case for spouses of citizens and no other immigrant category). But since the OP's fiance sneaked across the border the situation is much more complicated. It is possible for him to become a legal permanent resident, aka a green card holder, BUT he would have to go back to his country and apply for a green card, or a fiance visa that leads to a green card, at the American embassy there. The problem with doing this is that since he entered illegally, which is officially called "entered without inspection" or EWI, he will have to suffer a penalty and that penalty is being barred from coming back to the US for ten years. (For anyone who has been here illegally for less than one year the bar is for 3 years instead of 10.)
HYPO: The fiance, in the case of having entered legally and overstayed his visa, would allow for him to apply for a Change of Status, there is no guarantee he will receive a K Visa. Marriage to a US Citizen is also no guarantee.
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Originally Posted by Lizita
So, what the OP has to do is to have her fiance go back to Guatemala, marry there and go to the embassy to apply for a green card. At that point they may tell him, if they know that he's been here illegally, that he has to serve out the 10 year bar or, if he's very lucky, he may get a three year bar or no bar. I wouldn't count on it though.
There is one way around the bar and that is to apply for a hardship waiver. To get this waiver you have to prove that the immigrant being barred from the US for ten years would cause an undue hardship for the US citizen (the OP). These waivers are extremely, extremely hard to get though and are almost always denied. You do need a lawyer to apply for a waiver. If you do see a lawyer who tells you that he can easily get you a waiver and that it's no big deal take your money and get the heck out of there. That lawyer is lying and is just telling you what you want to hear to get hired. He makes money regardless of what happens with the immigrant. Many immigration lawyers are unscrupulous.
The only other option to having the fiance go back to Guatemala and serve out the bar is to remain here illegally which is sooner or later going to end badly. There is no future in that kind of life.
Finally, regarding the OP's original question, there is unfortunately no way that your fiance can get a state ID having entered without inspection. He has no way of getting the documentation needed for a state ID. However, in many places he doesn't need a state ID to get married to you. His passport is enough in many places. If your county required a state ID check with some of the neighboring counties. Illegals get married all the time in the US and so do people on tourist visas who also can't get state ID's. There are no benefits to his immigration status by marrying at this time though.
There are still a couple of states that allow illegals to obtain a DL, Washington state is one. The OP could go there and marry, but it will have little effect on her fiance's status.
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