Green Card, unique situation, please help.

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ColorRed

Registered Users (C)
I have a couple questions about getting a green card through a family member. I will state my circumstance as I feel its an unique one and I haven't been able to find anything online that helps clarify my concerns. I am one of three brothers. My older brother who is 20 years old and will be 21 in the next couple of weeks is a US Citizen. He was born here. My other brother and I are twins are 19 years old and will be 20 in November. We are all now in USA and were brought here by our mother back 1998 when I was 7 years old. We entered the country with a false name since her many attempts at getting a VISA were denied. She had someone falsify a birth certificate for each of us and she achieved new passports and VISAs with those birth certificates. These are not things I am proud of but I feel I need to mention. My question is would we still be eligible to go through the legalization process with our circumstances.

If we are, than would it be best for my older brother to first sponsor my mom and then she could sponsor us when she becomes a permanent resident? Or would it be best for my brother to file for my twin and I directly as siblings? Or is there any other route that my brother and I could take to become legal here in the US.
 
Unless the relevant paperwork to qualify you for 245(i) protection was filed for you before the cutoff in April 2001, you will have to leave the US and wait out the 10-year ban in order to get a green card.
 
If your mom entered the US legally or qualifies for 245(i), your citizen brother can sponsor her (assuming that she is also your citizen brother's mother). But when she gets a green card she can't sponsor you, because you entered illegally and are still in the US illegally and you will be over 21 before she becomes a citizen.
 
Thank you for the quick reply. Is the same true for any other route of green card? By either marriage or employment maybe.
 
If you had entered the US legally, despite your current illegal status you could be sponsored by a US citizen parent (if you're under 21) or a US citizen spouse, or your US citizen child who is at least 21.

All other avenues (family, employment, or otherwise) require either being outside the US, or legally inside the US, unless you qualify for 245(i) or asylum/refugee status.
 
Man that's some bad news. I don't even know what it's like to live back home any more. Oh well guess I got to do what I got to do.
 
One more thing that just occurred to me. If I left the US and got married to my girlfriend who is US citizen would I still have to wait the 10 year period?
 
It's a pity you didn't do this research a year or two ago. If you left the US before 180 days past your 18th birthday, you wouldn't need to wait out any ban. If you left after 18y+180d but before your 19th birthday, the ban would have been just 3 years.
 
ColorRed said:
One more thing that just occurred to me. If I left the US and got married to my girlfriend who is US citizen would I still have to wait the 10 year period?
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Is your girlfriend US born or is she a naturalized citizen? Amazingly if she is naturalized then you can adjust status in the US. If not and she is US born, then you have a 10 year bar to file a waiver for. More details are needed about your girlfriend before proper opinions can be formed.
 
praxx said:
Is your girlfriend US born or is she a naturalized citizen? Amazingly if she is naturalized then you can adjust status in the US. If not and she is US born, then you have a 10 year bar to file a waiver for.
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Very incorrect. Whether she has US born or naturalized citizenship doesn't make a difference for the OP's situation.
 
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ColorRed said:
Yes she is US born
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Under what name do you plan to file for green card with your US girlfriend? Assuming that you marry her and she agrees to be married as such a young age. You see, your mother criminality is going to catch up with you. Unless you continue to use the fake name you are currently using, disclosing your real name and date of birth will create a hot situation, as far as the US govt, the real you never entered the US. However, the fake you is the one who entered into the country as a 7 yr old boy who is now facing an uncertain future in the US.

Whether she was born here or not is irrelevant, the final verdict is that she has to be a US citizen. The problem you have is that your name is going to present problems, unless you plan to use the fake name forever. What nationality are you? We saw a case similar to yours about 5 months ago, the person's mother uses someone else passport and name to enter the US, she got US citizen herself, but the child applied for TPS under his real name. I believe their case is still stewing with matzo balls with immigration. I will try to find the link and attach, we provided him some resources. The bottom line is this: You can't adjust in the US, irrespective of who you marry, and how. You are also subject to a 10 year bar...
 
Al Southner said:
Under what name do you plan to file for green card with your US girlfriend? Assuming that you marry her and she agrees to be married as such a young age. You see, your mother criminality is going to catch up with you. Unless you continue to use the fake name you are currently using, disclosing your real name and date of birth will create a hot situation, as far as the US govt, the real you never entered the US. However, the fake you is the one who entered into the country as a 7 yr old boy who is now facing an uncertain future in the US.

Whether she was born here or not is irrelevant, the final verdict is that she has to be a US citizen. The problem you have is that your name is going to present problems, unless you plan to use the fake name forever. What nationality are you? We saw a case similar to yours about 5 months ago, the person's mother uses someone else passport and name to enter the US, she got US citizen herself, but the child applied for TPS under his real name. I believe their case is still stewing with matzo balls with immigration. I will try to find the link and attach, we provided him some resources. The bottom line is this: You can't adjust in the US, irrespective of who you marry, and how. You are also subject to a 10 year bar...
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Would Dream Act work for them if it ever passes?
 
citi786 said:
Would Dream Act work for them if it ever passes?
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Under what name? That's the big question in my view, because I believe it applies to people whose parents brought them to the US as kids. He was brought a kid, but under a false name. When it passes after Congressional elections, what will be the basis for filing under a real name? He might have to wait for the comprehensive immigration reform in 2014, the GOP won't give a crap about illegal immigrants. I suspect the Dems might win the 2014 Congressional elections and would have developed ballz of steel to shove their agenda in the GOP's throats.. During the Bush years, GOP didn't give shit about the Democrats, they forced their agenda down their throats...
 
We are Brazilians, and after we entered the US we began using our real names for school and all such things.
 
ColorRed said:
Yes she is US born
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Well if she was around 18 years old and naturalized there could have been a chance that she was covered under 245i of the life act which could give you an immigration benefit by marrying her which you cannot otherwise get with a US born person! That benefit, transferred to you, would have been to waive the illegal entry by avoiding inspection(inspection of the real you). Amazingly this benefit cannot be given by a US born spouse to their partner but can obviously be given by a naturalized or LPR spouse to their partner if they were naturalized before or at least petitioned for before 2001.

Although you cannot benefit from it since she is US born I hope you have at least realized that there is always hope, sometimes loopholes and sometimes second chances. You just should never give up and don't let the pessimistic arrogance of anyone stop you from searching for a way out of the mess.
 
praxx said:
Amazingly this benefit cannot be given by a US born spouse to their partner but can obviously be given by a naturalized or LPR spouse to their partner if they were naturalized before or at least petitioned for before 2001.
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Stop. This is nonsense. A person who adjusted status based on 245i cannot pass this benefit on to people they petition for.
 
praxx said:
Well if she was around 18 years old and naturalized there could have been a chance that she was covered under 245i of the life act which could give you an immigration benefit by marrying her which you cannot otherwise get with a US born person! That benefit, transferred to you, would have been to waive the illegal entry by avoiding inspection(inspection of the real you). Amazingly this benefit cannot be given by a US born spouse to their partner but can obviously be given by a naturalized or LPR spouse to their partner if they were naturalized before or at least petitioned for before 2001.

Although you cannot benefit from it since she is US born I hope you have at least realized that there is always hope, sometimes loopholes and sometimes second chances. You just should never give up and don't let the pessimistic arrogance of anyone stop you from searching for a way out of the mess.
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Praxx,

You have been smoking too much weed to save the planet...lol!! There is no difference between US citizenship (naturalized or born here), except naturalized citizen's can't run for the Presidency. You are clearly confusing people about this business of naturalized citizen transferring some benefit to someone else. You should stop this business, it is becoming ridiculous.
 
I think where praxx is confused is that he thinks that the OP could be a derivative beneficiary of the GF if she filed before 04/2001 and if she was a beneficiary of 245i. Even though the thinking is right, there are two impossibilities.
1. OP should have been the GF's derivative beneficiary (as a husband) at the time when the application was processed (after the visa number was available).
2. Derivative beneficiaries can only benefit within ONE year, once the application is approved (meaning when the visa number was available).

I would advice OP to seriously look/research Dream Act, and start praying every single day that the ACT gets approved!
 
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