GC for illegal person in the US

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ionutsimon

Registered Users (C)
Hi,
I have this case: my friend is Mexican and he is illegal in the US. In 2002 he married a US citizen but he never tried to fix his situation in the US. Now he wants the apply for the residence, can he fill the I-130 and I-485. Some peple say the he need to ask for a perdon, what's that?
Thanks.
 
Hello, thanx for all: no, he did not enter legally the US, and he is still married to the US citizen.So, what can he do?
 
Without legal entry, and being too late for the 245(i) relief of 2001, there are no options for him to stay legally. His I-130 and I-485 will be rejected due to the lack of legal entry.
 
Hello,
Thanx, so what he can do? Many years ago, in 2002 he applied for I-130 and they approve it. But he never continue, he never applied for I-485.
So what can he do know? He must come back to Mexico and his wife to fill for him another I-130? What do you think?
 
Lol don't be too tough. People have different circumstances. Many were brought here as a child, they had no saying in their immigration at that time. They suffer enough by not having social security, legal protection, financial aid for college, car lease etc.
No need to criticize more :)
 
I am not criticising, just being factual. Illegals/overstayers actually have it better in the US than other countries. At least there are some provisions for law breakers to legalise their status. I have lived in countries where overstayers are hand-cuffed, tied to the frame of a open top truck in 55C heat and thrown across the border in the open desert.

f1study said:
No need to criticize more :)
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He has to leave the country and he can apply for waiver I-601, right? . I think they would need a lawyer for that
 
Every country has different standard of living and culture, illegals suffer in different ways. People who are not in this circumstance tend to assume that illegals can get driver license and make thousands of dollars (which is the result of half of minimum wage and 20-hour working day). I don't know what they talk about, coz the DMV does ask for legal status and I can't get driver license at all. Car lease also requires SSN, so what illegals can do is probably pay 500 or 1000 in cash for a very very old car, which can kill them any time. There are many risks and dangers associated. You can say that there are countries with worse treatment toward immigrants, but I can also argue that there are many countries with better system than US.

As of now, there is no pathway for immigrants who entered illegally to be legalized (unless they leave the country first).

As someone who has no paperwork (not that I entered illegally, but it's due to circumstance), I've suffered a lot and been through major depression. The last thing I need is someone saying that I could (and maybe should) die in the dessert to pay for something I didn't do. As I said, many people were brought here as a child or in different circumstances, you shouldn't generalize or assume that they have a great life here.
 
wow F1.. you are acting like it's a birth right for someone to be able to move whereever he/she wants to move. You are also painting a "poor illegals" picture while intentionally leaving behind some troubling details. You are not mentioning that because the illegals can't get SSN/drivers license etc etc, they STEAL them. They drive their $1000 car WITH NO INSURANCE and run away after they get into an accident. They don't pay taxes, they take welfare money.

And why would a country have a pathway for illegals to become legal, specially after they have shown absolute disregard of the law and order?

I am ALL for immigration - but CAN'T STAND THE ILLEGALS who think they have a right to GC just because they entered US. I have my whole family WAITING for years to enter this county LEGALLY.
 
You didn't read my post :) I never said it's a right or anything. Nor do I request a right for them to have GC. I don't think they should be allowed to get GC, and I stated the fact that there's no pathway for them.

My point is: 1/ You shouldn't generalize. There are people who were brought here as a child. What could a 3 year old "intentionally left behind" or "move wherever he/she wants"? I have a friend who was in that circumstance and had a baby as soon as she became a teenager. What is she supposed to do? Leave her toddler in US and return to her country because now she's grown up enough to realize she came here illegally? But by leaving, she'd let a US citizen (her baby) die :)
2/ Because people have different circumstances and it's a controversial topic, you shouldn't say things like "they could/should perish in the dessert" or they enjoy life here. I appreciate all your advice, but let's just stop there and don't get to the point of criticizing illegal immigrants. Once you start, people will jump up and make it an endless argument. People have different circumstances and many would disagree with you.
 
I never advocated any cruelty. Read my post again. I mentioned an example of how other countries deal with illegals. I do not agree with such treatment. Not at all. Having said that, I am all for justice. If one exceeds posted speed limits, they should be cited. If one breaks immigration regulations of a country, they should be penalised. As simple as that.

f1study said:
The last thing I need is someone saying that I could (and maybe should) die in the dessert to pay for something I didn't do. As I said, many people were brought here as a child or in different circumstances, you shouldn't generalize or assume that they have a great life here.
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f1study said:
What is she supposed to do? Leave her toddler in US and return to her country because now she's grown up enough to realize she came here illegally? But by leaving, she'd let a US citizen (her baby) die :)
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Why would she leave her baby behind? Why would she let it die??
This makes no sense.
 
@Triple Citizen: Do you think a 3-year-old, brought to this country by her parents, intentionally violated immigration law? Should she be punished?

The US Senate's answer is NO, which is one of the bases of approval for DREAM ACT. But DREAM ACT only applies to those illegal kids who make it through college. Most of illegal kids don't make it that far.

Saying that all illegal persons should be penalized is oversimplifying the situation. I, for one, will argue with you til the end if you keep saying that. I take it as an insult to myself and my friends, who were brought here DESPITE their will. There are many different circumstances that make people enter or stay in US illegally, even when it's against their will. Which is why US immigration law is so controversial and it's far from perfect. What should be classified as "intent" and what not, at which age people capable of "immigration intent"... those are still controversial. I agree they should not be allowed to get GC, but I disagree with those who stereotype, generalize all immigrants' situation.

@elcupacabras: The USC father wants to keep the child. Both the father and the child have critical medical issue that can't be treated in her country. She believes that the father is incapable of taking care of the child. Working at half of minimum wage, she can't afford lawyer to fight for the right to keep the child and leave. Plus he threatens to call police and get her deported anytime, before she can start her case. For other families, it may seem to be easy, but for her, it's impossible to take the child out for a 5-minute walk without his permission, not to mention flying to another country.

People have very different circumstances, which is why you shouldn't generalize.
 
Maybe if you didnt choose to leave out vital information about the particular circumstances and not just write hard hitting statements like 'leave the baby to die' without explaining 'why' people wouldnt be forced to gerneralize :rolleyes:
 
However if that child after become an adult at 18 continues to disrespect immigration regulations, then yes, he/she deserves to pay a price.

f1study said:
@Triple Citizen: Do you think a 3-year-old, brought to this country by her parents, intentionally violated immigration law? Should she be punished?
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You keep repeating this line. I agree, one should never generalise. However, in my opinion, nothing, absolutely nothing, justifies entering a sovereign country without permission to benefit one economically. If someone is fleeing persecution then there is a separate provision for that. I support immigration in order to benefit oneself economically. It is totally fair, provided one does it legally. I moved to the US from Canada to be with my wife. I will admit in a heartbeat that I gained a lot financially too.
If your views are implemented, then people will continue bringing their minors into the the US illegally knowing that if they cannot ever legalise, their kids will. That in my opinion, will encourage people to break the law.

Bottom line is, we can agree to disagree. That is the only civil solution here :)

f1study said:
People have very different circumstances, which is why you shouldn't generalize.
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