Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
One of my friends got married almost a year ago to a man from another country. A week or so ago she sent me message telling me that his legal status is "teetering" and asked me to write a letter to state how emotionally and psychologically damaging it would be for her if he's deported. That he's upstanding and well-respected. Please bear in mind that I've never met him and I didn't know he was in the country illegally before then. My friend lives in another state.
She told me that if I was to write this letter, no legal consequences would befall me. I learned during this conversation that he's been in the country illegally for over 10 years. We got into an argument of sorts because I let her know that it wasn't fair for her to drop this in my lap expecting me to vouch for their marriage when I have never met him and I wasn't aware that he wasn't in the country legally all this time; and I don't know if he's using her for citizenship. I just find it suspect that he's been here illegally all this time and all of a sudden it's a pressing issue for him to get a green card now that they are married.
I decided not the write letter but I am curious. Are there consequences for third-party vouching for a marriage where one party has been in the country illegally long-term?
Huh? Nothing suspect here.
Of course he wants to get legal, especially now that Trump (hopefully) cleans out the illegals.
Good choice to not vouch for them. I wouldn't do it either - I am a legal immigrant.
Well, well, ... Green Cards used to be green. Can you please explain what a Green Card which is not green is?
A green card is NOT citizenship. Marriage does not guarantee citizenship. It DOES allow you to apply for a green card. You have to wait 3 years before he could apply for citizenship, and he'd have to be married the entire time.
It allows the US partner to petition for a Green Gard. The 3-year rule applies to marriages under 2 years and the sponsored party can file ROC removal of conditions without being married to the US party.
This doesn't apply to the spouses of citizens who entered illegally (which I just learned this is the law). As it turns out, marriage isn't a pathway to legalization for the undocumented, which he is. He can't get a green card because he married my friend. And even for those who entered legally, if their intent is to marry for a green card, from what I understand it is considered fraud.
Now lets look under "Get a Green Card While Inside the United States"
Quote:
One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.
Whats that say? Right here.....
Quote:
your U.S. citizen petitioner files Form I-130, Petition for Alien Relative
Whats that? Thats right. Its a VISA.....that you have to apply for which results in a green card. You don't apply for that visa....you don't get squat. And the immigrant can't apply for it.
The second thing is the I-485 to Adjust Status....which is why an illegal immigrant can't file one. You have to have non-immigrant status first. Then you file this to request to adjust that status to an immigrant based one.
Now I know they don't really make it clear. But the truth is, a green card is nothing more than proof of your 1) your approved visa and 2) your admittance into the US as a permanent resident. You don't really file any paperwork to apply for a green card. You apply for an immigrant based visa which is the I-130 in this case and you file an I-485 to take care of #2.
Quote:
Originally Posted by Katana49
I bet it would just really blow your mind to find out that a green card isn't actually green.
Thats nice. except the one I just looked at is in fact green. And they have been green again for at least 5 years now.
Would it help kick him out of the country quicker if you wrote a letter with the truth?
Something like: I've never met him, he's been here illegally for 10 years, she's trying to get people to lie in the form of a letter...
With legal ways to immigrate here (I'm a legal immigrant), he should've done it legally years ago. Instead he's been leaching off the American citizen taxpayer supplied benefits for 10 years.
And from what I read, because he has been here illegally for so long, he will have to stay in Mexico for at least 10 years or permanently, unless she can prove hardship, which is why she wanted to write a letter (under a recent waiver)--to attest to the psychological and emotional damage it was cause her if he is sent back.
How are you able to assess her potential for psychological and emotional damage if she lives out of state and (I am assuming) you aren't a licensed mental health professional?
Why would anyone perjure themselves for a stranger who happens to be here illegally to boot? You have nothing to gain except potential headaches from the government. You made the right decision not to write that letter.
This doesn't apply to the spouses of citizens who entered illegally (which I just learned this is the law). As it turns out, marriage isn't a pathway to legalization for the undocumented, which he is. He can't get a green card because he married my friend. And even for those who entered legally, if their intent is to marry for a green card, from what I understand it is considered fraud.
Why should your friend not be able to sponsor her spouse for a Green Card? They will have to jump through some hoops if he really has been in the US undocumented.
Why should your friend not be able to sponsor her spouse for a Green Card? They will have to jump through some hoops if he really has been in the US undocumented.
Because a spouse cannot be a sponsor for a green card if the spouse entered the country illegally. They could try to file for a hardship waiver under a new law passed by Obama, but marriage is not a legal pathway to citizenship for someone who entered the country illegally. There really aren't any exceptions. He will have to leave the country at which point he would be barred for 10 years or permantly.
Because a spouse cannot be a sponsor for a green card if the spouse entered the country illegally. They could try to file for a hardship waiver under a new law passed by Obama, but marriage is not a legal pathway to citizenship for someone who entered the country illegally. There really aren't any exceptions. He will have to leave the country at which point he would be barred for 10 years or permantly.
Whatever you say. There are quite a few very happy exceptions living happily after in the US.
Whatever you say. There are quite a few very happy exceptions living happily after in the US.
It's not what I say. It's what the law says--and many more get sent back, even why they have children born here:
Quote:
"As a foreign national living in the U.S. after entering illegally, your marriage to a U.S. citizen may not, unfortunately, create a straightforward path to a U.S. green card (lawful permanent residence). U.S. immigration law has created various penalties for people who both enter and stay in the U.S. without permission."
Complicating Factor: Not Everyone Eligible for a Green Card Can Adjust Status and Receive One
Now for the bad news. Whether the immigrant can "adjust status" -- that is, apply for a green card without leaving the United States -- depends on whether he or she fits into one of a few narrow exceptions. The immigrant can adjust status only if he or she either:
legally entered the U.S. with a visa or after inspection by an immigration officer (and wasn't just using the visa with the intention of applying for a green card based on marriage, which happens to be visa fraud) and is either marrying a U.S. citizen or still on a valid visa, or
had a visa petition or labor certification filed for him or her several years ago when a law called "245(i)" was still in force
If however, the immigrant entered the United States by unlawful means, such as having been a stowaway or crossing over the border through a fence, adjustment of status is not an option. The only possibility is to apply for the green card through "consular processing," meaning the immigrant will attend an interview at a U.S. embassy or consulate in his or her home country. That, however, carries a risk of not being allowed back into the U.S. for many years -- three years if the period of unlawful presence was 180 days or more, and ten years if the period of unlawful stay was one year or more.
Risks of Consular Processing
An immigrant who has lived in the United States unlawfully and then leaves the country for consular processing risks being penalized for the illegal stay by being forbidden from reentering the United States for three to ten years, or perhaps permanently. Consult an attorney for the details and a full personal analysis.
It may be possible to file for a waiver (on Form I-601) allowing an earlier return, but definitely seek legal advice before relying on this strategy. The spouse of the illegal immigrant must show that he, she, or their children will suffer hardship if the immigrant is refused reentry.
He crossed the border and has been here for 14 years. His only option is to go to his country to the consulate and most likely will not be let back in. They have no children.
Last edited by Atlanta_BD; 01-24-2017 at 10:41 AM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
