Since she's an overstayer, her marriage to the USC does provide her waiver clause. Provided that they file all the necessary paperworks.
Since she's an overstayer, her marriage to the USC does provide her waiver clause. Provided that they file all the necessary paperworks.
That is true, but it may/may not apply to her case since she is illegal. Get a lawyer, and watch out because a lot of the immigration lawyers are scumbags. GL.
Alien ---> Marries U.S. Citizen ---> Files paperwork for a Permanent Resident Card (i.e. green card) ---> Files for Naturalization to become a U.S. Citizen (after meeting the continuous residence requirement, and others).
If she filed for the green card, and is still waiting after 4 years, something is amis because it shouldn't take more than a year or so. Maybe large offices like NY, LA, or Miami?? I still doubt it would take 4 years. Did they ever go to the green card interview?
Maybe the INS somehow felt their marriage was a sham to bypass immigration law and placed their case on hold, thinking they'll eventually divorce *shrug*
They should talk to an immigration attorney right away. Maybe he/she will be able to dig up some info on their status.
If she filed for the green card, and is still waiting after 4 years, something is amis because it shouldn't take more than a year or so. Maybe large offices like NY, LA, or Miami?? I still doubt it would take 4 years. Did they ever go to the green card interview?
Maybe the INS somehow felt their marriage was a sham to bypass immigration law and placed their case on hold, thinking they'll eventually divorce *shrug*
They should talk to an immigration attorney right away. Maybe he/she will be able to dig up some info on their status.
yeah...I just found out she has a lawyer. He keeps telling her to "wait" .
I am having her get me all the paperwork she has, plus I am researching local immigration law firms.
I know that they have been to interviews with INS. I don't know how many, or what type of interviews they were, though. I am still researching.
Like the above poster mentioned, a good place to ask questions is
alt.visa.us.marriage-based
Very knowledgable people there, including a few immgration attorneys that frequent the newsgroups.
I don't know how kind they'll be if you tell them she married her husband to avoid deportation
alt.visa.us.marriage-based
Very knowledgable people there, including a few immgration attorneys that frequent the newsgroups.
I don't know how kind they'll be if you tell them she married her husband to avoid deportation
if thats true, she's SOL. Plus overstayed. Out of status, penalty is u cannot reenter for at least 10 yrs. I gotta say this, how stupid can u be to not apply for green card while u wait for citizenship. And the sister who is a citizen(above 18?) can sponsor her a greencard but since she is illegal now and out of status, even that route is closed. Call a lawyer NOW, or wait for deportation. Be careful coz if the brother-in-law is an ass, he can have her reported/deported.
Not necessarily. As long as she's married to a USC, her overstayed status is not too much of a problem to overcome with the right waiver. The key is she's an overstayer, and wasn't entering illegally.
If they do have an application pending with USCIS, then she's technically an adjustee for the last several years, provided USCIS hasn't denied that application. If thats the case, USCIS better have a good answer for the long delay.
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She needs an immigration lawyer.
Just to be pedantic, you don't technically need to be a citizen or perm res OR have a visa to be in the us legally, in some cases. Canadians and mexicans can come in on a TN status. It's commonly called a TN visa, but technically it is not one, and they can stay in the US and work.
In regards to her chances now, as sad as some may think it is, if you're married to a US citizen the bureau of citizenship and immigration is notoriously dismissive of any "overstays" or "out of status" situations. Basically they often just don't care. They're quite forgiving, which is why you'll rarely hear of somebody getting booted out of the country while their us citizen spouse is still in the US.
Of course, my original point stands: she needs an immigration lawyer.
Why she hasn't gotten a greencard is beyond me. When you marry a US citizen you can fast track to get one. It's quite cheap and the application is fairly easy to fill out, or costs little to bring such a simple case to an attorney.
If they were going to deny her USC they would have told her. Maybe they did, but she didn't get the mail or something.
I'd be surprised if she's deported. The US has 10 million illegal mexicans in its borders right now, most of whom are not married to USCs, and there is hardly any effort to deport them. Basically US immigration is in such a screwed up state right now that she'll probably just end up having problems like not being able to get an SSN as opposed to expecting the gov't to pay for a one way ticket to Korea.
Just to be pedantic, you don't technically need to be a citizen or perm res OR have a visa to be in the us legally, in some cases. Canadians and mexicans can come in on a TN status. It's commonly called a TN visa, but technically it is not one, and they can stay in the US and work.
In regards to her chances now, as sad as some may think it is, if you're married to a US citizen the bureau of citizenship and immigration is notoriously dismissive of any "overstays" or "out of status" situations. Basically they often just don't care. They're quite forgiving, which is why you'll rarely hear of somebody getting booted out of the country while their us citizen spouse is still in the US.
Of course, my original point stands: she needs an immigration lawyer.
Why she hasn't gotten a greencard is beyond me. When you marry a US citizen you can fast track to get one. It's quite cheap and the application is fairly easy to fill out, or costs little to bring such a simple case to an attorney.
If they were going to deny her USC they would have told her. Maybe they did, but she didn't get the mail or something.
I'd be surprised if she's deported. The US has 10 million illegal mexicans in its borders right now, most of whom are not married to USCs, and there is hardly any effort to deport them. Basically US immigration is in such a screwed up state right now that she'll probably just end up having problems like not being able to get an SSN as opposed to expecting the gov't to pay for a one way ticket to Korea.
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