He entered illegally. How can he leave in a legal fashion?

[AnotherPerson]

Hi, I´m new to Immigration Portal, and I´m new to immigration in general. So, I have questions that are probably rather ignorant. Please forgive me for that--I want to learn. I am planning to find a good immigration lawyer when I return to the US in June, but I´d like to find out what I can in the mean time. Right now I´m doing service work outside the US. It would be nice to know more than nothing when I talk with a lawyer. I know that advice given on Immigration Portal is not legal advice, nor is it intended to be. It is appreciated when people who know more than I do are able to point me to resources that address my situation.

I am a US citizen because I was born here. I met my fiance, a Guatemalan immigrant, in the US. He is in the US now. He entered illegally about two years ago and has never had any kind of visa. My understanding from what I have read both here and elsewhere is he must leave and serve a ten-year-ban before he can apply to enter the US again. I´m not sure which documents he has and doesn't have, but his parents are working on getting him the Guatemalan equivalent of a birth certificate. The plan right now is for me to take it to him after I visit his parents in Guatemala this summer. He has enough documents with him in the US that he can cash his paychecks at the local bank, that much I know. I think that amounts to a Guatemalan driver's license.

Here are some of my questions. I know I will have others.

1. He walked across the Arizona border. I´m gathering it´s not legal for him to leave the same way he entered. Can he turn himself in to INS with a plane ticket in hand, and they´ll let him leave that way? Or does INS pick the method of departure? Would it make a difference if he turns himself in from the eastern-US state in which he lives, or if he travels to the border with Mexico and turns himself in there? Is he likely to be arrested and placed in jail when he turns himself in? If so, for how long, and would I be allowed to see him?
2. Will he have more problems if he waits until we have our wedding to leave than if he leaves ASAP? I´m not sure if he has enough forms of ID to get married legally in the US, but we can have a social wedding here so my family can participate, and then do the legal part in Guatemala... right?
3. Supposing he does turn out to have enough forms of ID to get married legally in the US, would INS require him to leave as soon as the marriage license is issued, or would we be allowed to have a wedding and honeymoon before leaving the US?
4. When does the ten year ban start? Does it start from the date he officially and legally leaves the US, or did it start when he entered? I´m guessing it´s the former since he can neither prove nor remember exactly which date he entered.
5. After the ten-year-ban, would he have additional requirements to gain legal entry to the US because he entered illegally before? Would that depend on the type of visa he applied for? Depending on what we learn and how much we do or don´t want to live in the US, we might decide we just want to visit my family in the US now and then after the ban finishes, and he´d be applying for short-term stays to the US.
6. Do any of you know of forums where people can ask questions, in English or Spanish, about immigration to Guatemala? I´d like to find out what my options there are as well.

 

[TheRealCanadian]

He walked across the Arizona border. I´m gathering it´s not legal for him to leave the same way he entered.

While technically speaking it's probably not legal, it doesn't really matter from an immigration standpoint. I'd be very careful about turning myself in to ICE, and he should seek competent counsel before doing anything.

Will he have more problems if he waits until we have our wedding to leave than if he leaves ASAP?

No more problems, it just starts the 10-year clock that much later.

Does it start from the date he officially and legally leaves the US, or did it start when he entered? I´m guessing it´s the former since he can neither prove nor remember exactly which date he entered.

The date of departure.

After the ten-year-ban, would he have additional requirements to gain legal entry to the US because he entered illegally before?

It's unlikely he'd get a non-immigrant visa, both having stayed illegally and being married to you. There should be no difficulty getting an immigrant visa.

 

[AnotherPerson]

While technically speaking it's probably not legal, it doesn't really matter from an immigration standpoint. I'd be very careful about turning myself in to ICE, and he should seek competent counsel before doing anything.

Absolutely, we're going to seek competent counsel as soon as I get back to the US. We wouldn't do anything just based on what someone told me on the internet.

Why do you say you would be very careful about turning yourself into ICE? I had this idea in my head that might be part of the process if he wants to be able to enter again legally at some point. I thought that might be how one proves when one left and started the ten year ban.

No more problems, it just starts the 10-year clock that much later.

Thank you.

The date of departure.

As I suspected. Thank you.

It's unlikely he'd get a non-immigrant visa, both having stayed illegally and being married to you. There should be no difficulty getting an immigrant visa.

Clarifying question: He wouldn't be likely to get a non-immigrant visa because they'd figure he'd overstay it since he stayed before when he wasn't allowed, and I'm likely to want to stay, and he'd stay with me?

For people in his/our shoes, roughly how many years and how many dollars does it take to get an immigrant visa to the US? I've heard it can take ten years (after the ten year ban) and tens of thousands of dollars, not to mention the frustrations and other emotional toll. I'm trying to get an approximate idea of what it takes so we can decide together if it is worth it. Not that we have to decide now... we have over ten years to figure that one out. But I know my family will want to know how long it might be before I can live with him in the US.

Thank you so much for your help!

 

[cherr1980]

When you marry him, you will have to apply for a "extreme hardship" waiver or form I-601 and that has to be approved. He anyway will have to go back to Guatemala.

I have no recollection about "ten of thousands of dollars" because there is no form that cost that much. What it costs if you hired such expensive lawyers and very expensive ones. I would recommend a lawyer for the waiver issues, once that is approved (if it's approved) the rest of the paperwork is very self explanatory.

Good luck,

 

[boatbod]

There are two ways to approach the ban problem:-
i. He leaves the US, serves out his reentry ban and during that time gets married to you. Once the ban is complete, you sponsor him for his GC via either K-3 visa or CP (consular processing).

ii. You get married immediately, and try to go the hardship waiver route. If successful, this might allow him to return to the US sooner.

I wouldn't think you'd need a lawyer for option (i), except maybe during the phase where he is getting ready to turn himself in / voluntarily depart the country. Not sure about option (ii) - my understanding is you need some pretty convincing evidence to be granted the waiver.

 

[trialanderror83]

Hi, I´m new to Immigration Portal, and I´m new to immigration in general. So, I have questions that are probably rather ignorant. Please forgive me for that--I want to learn. I am planning to find a good immigration lawyer when I return to the US in June, but I´d like to find out what I can in the mean time. Right now I´m doing service work outside the US. It would be nice to know more than nothing when I talk with a lawyer. I know that advice given on Immigration Portal is not legal advice, nor is it intended to be. It is appreciated when people who know more than I do are able to point me to resources that address my situation.

Option 3, the best one....
I am a US citizen because I was born here. I met my fiance, a Guatemalan immigrant, in the US. He is in the US now. He entered illegally about two years ago and has never had any kind of visa. My understanding from what I have read both here and elsewhere is he must leave and serve a ten-year-ban before he can apply to enter the US again. I´m not sure which documents he has and doesn't have, but his parents are working on getting him the Guatemalan equivalent of a birth certificate. The plan right now is for me to take it to him after I visit his parents in Guatemala this summer. He has enough documents with him in the US that he can cash his paychecks at the local bank, that much I know. I think that amounts to a Guatemalan driver's license.

Here are some of my questions. I know I will have others.

1. He walked across the Arizona border. I´m gathering it´s not legal for him to leave the same way he entered. Can he turn himself in to INS with a plane ticket in hand, and they´ll let him leave that way? Or does INS pick the method of departure? Would it make a difference if he turns himself in from the eastern-US state in which he lives, or if he travels to the border with Mexico and turns himself in there? Is he likely to be arrested and placed in jail when he turns himself in? If so, for how long, and would I be allowed to see him?
2. Will he have more problems if he waits until we have our wedding to leave than if he leaves ASAP? I´m not sure if he has enough forms of ID to get married legally in the US, but we can have a social wedding here so my family can participate, and then do the legal part in Guatemala... right?
3. Supposing he does turn out to have enough forms of ID to get married legally in the US, would INS require him to leave as soon as the marriage license is issued, or would we be allowed to have a wedding and honeymoon before leaving the US?
4. When does the ten year ban start? Does it start from the date he officially and legally leaves the US, or did it start when he entered? I´m guessing it´s the former since he can neither prove nor remember exactly which date he entered.
5. After the ten-year-ban, would he have additional requirements to gain legal entry to the US because he entered illegally before? Would that depend on the type of visa he applied for? Depending on what we learn and how much we do or don´t want to live in the US, we might decide we just want to visit my family in the US now and then after the ban finishes, and he´d be applying for short-term stays to the US.
6. Do any of you know of forums where people can ask questions, in English or Spanish, about immigration to Guatemala? I´d like to find out what my options there are as well.

Option 3, the best one.......
He doesn't have to turn himself in to INS to go back home, buy a plane ticket and leave.Does he have a DL from the US? Has he ever worked here? If he entered illegally across the border then INS doesn't know he is here unless of DL, or work here with SS#. Send him back to his country, apply for a K visa, when he arrives then apply for his AOS. Keep your mouth shut about him ever being here, remember if INS doesn't know he was here then NO ten year ban! Get married in his country, or wait for the K visa to be approved then marry here. However you will have to explain how you two meet if it wasn't here in the US....... I guess you could say the Internet...

 

[trialanderror83]

Why doesn't he just go home and come back legally? I don't know if he can do that, since I'm no expert, but one thing I do know is that the US doesn't care who leaves the country, they care who comes in and how.

Exactly.........As I mentioned above INS doesn't know he is here if he walked across the border, unless he got arrested while here of course. If he has a DL then they might know, and illegal immigrants don't get SS# so he should be fine there. Leave on a plane, apply for K visa, then come back and get married. This will solve all the problems. This is not legal advice, it's probley the best you will get though. And to those on here who post IRA status, please don't this lady is looking for a way around this issue..I AM NOT A LAWYER, WHAT SHE DOES IS UP TO HER!

 

[TheRealCanadian]

And to those on here who post IRA status, please don't this lady is looking for a way around this issue..

I sympathize with her situation, and that's certainly an option. But you need to realize that you are advising someone to commit a felony.

 

[MOM1211]

I don't know if it's legal what I said above.. so I removed it... even though a lot of people have done it, but generally in my experience the USA WANT'S you to leave. People leave all the time, and if he's here illegally, you wouldn't think they care as long as he leaves. Coming back and doing things legally is a whole other issue you'd need to figure out.

 

[trialanderror83]

I sympathize with her situation, and that's certainly an option. But you need to realize that you are advising someone to commit a felony.

As I said in my post, THIS IS NOT LEGAL ADVICE. I am not asking her to commit a felony, what this women does is her choice. Hey boyfriend has already commited a felony by entering illegally and overstaying. We all know he entered illegally, so any advice would make us all responsible then.

 

[trialanderror83]

I don't know if it's legal what I said above.. so I removed it... even though a lot of people have done it, but generally in my experience the USA WANT'S you to leave. People leave all the time, and if he's here illegally, you wouldn't think they care as long as he leaves. Coming back and doing things legally is a whole other issue you'd need to figure out.

You didn't do anthing wrong.

 

[PraetorianXI]

Opening the thread to "trickery and felony" is not a good "comment" (since you do not want it to be called advice...).

He has been here... he is not exempt from the bar. It is what it is... if discovered, that he was actually here and is trying to conceal that fact, then he will be banned for life form the USA.

I am in no position to provide legal advice, but I can see a poor "comment" when I see it and mentioning someone the possibility to lie and deceive the "system" is a bad choice. It seems you like making those, often.

 

[TheRealCanadian]

As I said in my post, THIS IS NOT LEGAL ADVICE.

Whether it's legal advice or not is irrelevant. (Although if you were claiming to offer legal advice and you are not a member of the bar, it's probably a misdemeanor.) Suggesting that someone deliberately seek an immigration benefit they know they are not entitled to is against the law, whether you describe it as legal advice or not.

Hey boyfriend has already commited a felony by entering illegally and overstaying.

If memory serves correctly, the entry is not a felony. The overstay certainly isn't.

We all know he entered illegally, so any advice would make us all responsible then.

There's a difference; I've not suggested that she do anything against the law. You have. You wonder why the country is so anti-immigrant? It's because of so many people skirting the law and aiding those that do.

 

[GotPR?]

As I said in my post, THIS IS NOT LEGAL ADVICE. .

Legal advice means advice is based on the law which is more lilkely to be paid for and nothing on this board is legal advice unless you are an attorney.
Regardless of that, you are advising to do the illegal act.

This is the board run by an immigration attorney who respects the law and does everything within the boundary of law.
Stop the post which encourages the unlawful act.

 

[AnotherPerson]

When you marry him, you will have to apply for a "extreme hardship" waiver or form I-601 and that has to be approved. He anyway will have to go back to Guatemala.

I have no recollection about "ten of thousands of dollars" because there is no form that cost that much. What it costs if you hired such expensive lawyers and very expensive ones. I would recommend a lawyer for the waiver issues, once that is approved (if it's approved) the rest of the paperwork is very self explanatory.

Good luck,

Hi Cherr, thank you for responding to this thread. I'm a little bit confused by your first paragraph--are you saying I will need to apply for an extreme hardship waiver before the ten-year-ban? Or is that the first form in the process after the ban?

I know there is no form that costs tens of thousands of dollars. I have heard that the total cost of everything might total that much, but that may be for very complicated situations or entire families.

There are two ways to approach the ban problem:-
i. He leaves the US, serves out his reentry ban and during that time gets married to you. Once the ban is complete, you sponsor him for his GC via either K-3 visa or CP (consular processing).

ii. You get married immediately, and try to go the hardship waiver route. If successful, this might allow him to return to the US sooner.

I wouldn't think you'd need a lawyer for option (i), except maybe during the phase where he is getting ready to turn himself in / voluntarily depart the country. Not sure about option (ii) - my understanding is you need some pretty convincing evidence to be granted the waiver.

Hi boatbod, thank you for your well-organized comments. What would constitute an extreme hardship? My career in the US is at a stage where it's very difficult to take it to another country. (I'm taking a break from my career for a few months, which is how I ended up doing service work outside the US.) Now, that's not to say there aren't plenty of opportunities for me in Guatemala... but it's not precisely what I've been doing.

With the extreme hardship waiver, is there a possibility of shortening the ten-year-ban?

Option 3, the best one.......
He doesn't have to turn himself in to INS to go back home, buy a plane ticket and leave.Does he have a DL from the US? Has he ever worked here? If he entered illegally across the border then INS doesn't know he is here unless of DL, or work here with SS#. Send him back to his country, apply for a K visa, when he arrives then apply for his AOS. Keep your mouth shut about him ever being here, remember if INS doesn't know he was here then NO ten year ban! Get married in his country, or wait for the K visa to be approved then marry here. However you will have to explain how you two meet if it wasn't here in the US....... I guess you could say the Internet...

Hi trialanderror. I'm drawing a blank on "DL." I'm pretty sure "down low" and "disabled list" don't apply in this situation.

I am not interested in lying to INS/ICE. If I wanted to live in secrecy, I could do that by getting married socially in the US and pretending to the US government I'm still single. And hoping he never gets deported or needs any number of the things I would certainly hope my husband would have access to. I disagree with many of INS/ICE’s policies and laws for a multitude of reasons, and I do not blame anyone who chooses not to obey them... but for me, the freedom to live my life out in the open is priceless. And there’s nothing so inherently wonderful to me about living in the US, as I discover every time I leave it. I don’t mind terribly learning that I will probably have to leave the US to live out in the open with the man I love.

Exactly.........As I mentioned above INS doesn't know he is here if he walked across the border, unless he got arrested while here of course. If he has a DL then they might know, and illegal immigrants don't get SS# so he should be fine there. Leave on a plane, apply for K visa, then come back and get married. This will solve all the problems. This is not legal advice, it's probley the best you will get though. And to those on here who post IRA status, please don't this lady is looking for a way around this issue..

I am not looking for a way around anything. I believe he might have a Taxpayer Identification Number with the IRS, and in any case he has used his real name in all his endeavors here in the US. It also would take one phone call to my parents to find out the truth. Even if I were on board with lying, they aren’t. It is soooo not worth it to me to try to lie our way out of this one.

I sympathize with her situation, and that's certainly an option. But you need to realize that you are advising someone to commit a felony.

No felonies for me. So far I only have a speeding ticket, and I’d like to keep it that way.

I don't know if it's legal what I said above.. so I removed it... even though a lot of people have done it, but generally in my experience the USA WANT'S you to leave. People leave all the time, and if he's here illegally, you wouldn't think they care as long as he leaves. Coming back and doing things legally is a whole other issue you'd need to figure out.

I wonder about this, too--if INS/ICE wants people who are here outside of the law to leave, wouldn’t they make it as easy and simple as possible to leave? Crack down on people when they’re coming in, not when they’re going out. However, my knowledge is limited, so perhaps someone with more experience could shed some light on this.

Opening the thread to "trickery and felony" is not a good "comment" (since you do not want it to be called advice...).

He has been here... he is not exempt from the bar. It is what it is... if discovered, that he was actually here and is trying to conceal that fact, then he will be banned for life form the USA.

I am in no position to provide legal advice, but I can see a poor "comment" when I see it and mentioning someone the possibility to lie and deceive the "system" is a bad choice. It seems you like making those, often.

I’m definitely don’t want him be banned for life from the US. Although right now it’s not a big deal to me to move indefinitely outside the US, I could change my mind someday. And, in the event US immigration laws change, it would be better not to have a “banned for life” under his name, since that part might not get changed.

Whether it's legal advice or not is irrelevant. (Although if you were claiming to offer legal advice and you are not a member of the bar, it's probably a misdemeanor.) Suggesting that someone deliberately seek an immigration benefit they know they are not entitled to is against the law, whether you describe it as legal advice or not.

Yeah, I’m not interested in going against the law here. Not on something that affects my entire life and isn’t, like, a requirement of my religion or something.

If memory serves correctly, the entry is not a felony. The overstay certainly isn't.

I’ve heard it’s a minor misdemeanor, both entry and staying.

There's a difference; I've not suggested that she do anything against the law. You have. You wonder why the country is so anti-immigrant? It's because of so many people skirting the law and aiding those that do.

I’m not touching that one.

 

[austriacus]

I think it may just be ok if he leaves through a border post back to Guatemala. If he turns himself in he'll likely be put in removal proceedings, with the final outcome that USCIS wants to remove him anyway. (But look into "voluntary departure" which can be granted during removal proceedings and I remember reading somewhere it might not make someone subject to the 10-year ban ... but don't hold me to this.)

If he leaves, I guess he should think about what proof of departure he might be able to get. A passport stamp that he exited? (I don't think I ever got one of those.) Certainly, a passport stamp that he entered Guatemala or anywhere outside the US and he can probably prove that he's living there with records he accumulates when he lives there again. Perhaps an airline ticket could also be good proof of travel.

If he were to take a plane back to Guatemala, Customs and Border Protection (CBP) would know of his departure about 15 minutes before take-off of his airplane from the electronically transmitted Passenger Manifest.

 

[trialanderror83]

Whether it's legal advice or not is irrelevant. (Although if you were claiming to offer legal advice and you are not a member of the bar, it's probably a misdemeanor.) Suggesting that someone deliberately seek an immigration benefit they know they are not entitled to is against the law, whether you describe it as legal advice or not.



If memory serves correctly, the entry is not a felony. The overstay certainly isn't.



There's a difference; I've not suggested that she do anything against the law. You have. You wonder why the country is so anti-immigrant? It's because of so many people skirting the law and aiding those that do.

Of course the "Famous Three" respond again, are you three related? You wanna talk about law, TheRealCanadian you know he is here in the US illegally, it is your obligation to turn him in just by knowing that.

She simply asked for a way around the situation, I gave it to her period! What she does is on her. You also mention this is a immigration attorney's board right? Do you think everyone he represents entered properly? I bet he deals with lots of overstays, and illegal entry. Sorry I don't just post IRA laws.

 

[AnotherPerson]

I think it may just be ok if he leaves through a border post back to Guatemala. If he turns himself in he'll likely be put in removal proceedings, with the final outcome that USCIS wants to remove him anyway. (But look into "voluntary departure" which can be granted during removal proceedings and I remember reading somewhere it might not make someone subject to the 10-year ban ... but don't hold me to this.)

If he leaves, I guess he should think about what proof of departure he might be able to get. A passport stamp that he exited? (I don't think I ever got one of those.) Certainly, a passport stamp that he entered Guatemala or anywhere outside the US and he can probably prove that he's living there with records he accumulates when he lives there again. Perhaps an airline ticket could also be good proof of travel.

If he were to take a plane back to Guatemala, Customs and Border Protection (CBP) would know of his departure about 15 minutes before take-off of his airplane from the electronically transmitted Passenger Manifest.

Yes, I was wondering how he would prove when he left the US if going to INS/ICE to say, "Hey, I'm leaving, catch you in ten years," is not a good idea. It would be nice to have proof in addition to a stack of bills and paychecks from the past ten years in Guatemala, that's for sure.

I'm not entirely sure if he has a Guatemalan passport. Is it possible to get an entry/exit stamp on something else?

If he left via commercial airplane, and CBP noticed his name on the manifest fifteen minutes before departure, would they be inclined to take him off the plane to arrest him, etc?

Would a marriage license or its equivalent with a date within days of our arrival in Guatemala help toward proving when he left the US?

Of course the "Famous Three" respond again, are you three related? You wanna talk about law, TheRealCanadian you know he is here in the US illegally, it is your obligation to turn him in just by knowing that.

I'm curious how you think anyone on these boards has enough specific information about my fiance to be able to turn him in. Let's see... he's Guatemalan, lives somewhere in the eastern US, is engaged to a US citizen who's presently out of the country, and is employed. Yeah, INS/ICE is really going to be able to do a whole lot with that one.

I also was not aware anyone was a mandatory reporter for undocumented immigration, you know, like teachers and daycare workers in the US are mandatory reporters of suspected child abuse.

She simply asked for a way around the situation, I gave it to her period! What she does is on her.

It appears you did not read my previous post. I do not want a way around the situation. I want a legal way through the situation.

 

[MOM1211]

They don't care who leaves the country is the thing here. He could simply leave. If you are worried about him proving when he left the US then why not turn himself in? Either way they'll find out because you're telling them.

No, he wont have proof he left. They don't stamp things when you come home. I had a friend actually who went back to el Salvador, who was illegal I found out after he left, and he just simply left. The us doesn't care who leaves. Nobody will pull him off the plane, especially if he's exiting the US because they WANT him to leave if he's illegal. I'd say your biggest issues are that he's worked illegally, (you said he deposited his paychecks) stayed illegally and if he goes through the ban, I wouldn't expect an easy time of him coming back to the US in 10 years. A lot can happen in 10 years you don't plan for. That's something I've learned through experience. So rather than worrying about 10 years from now, I'd say you need to simply talk to a lawyer at this point.

 

[GotPR?]

In case he'd like to come back, try I-601. The chance to get I-601 approved is known to be very narrow, but that is only legal way which MAY work for reentry.
if I-601 gets approved, 10 year bar will be lifted and he can get visa.

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD