CanuckQuest
Registered Users (C)
I am posting here on behalf of a friend who has been frantically looking for help and advice regarding her situation in immigrating to the U.S.
My friend is Canadian and has a boyfriend from Mexico who is currently living in the U.S. His family is in the process of obtaining their investor's visa and he is there in the U.S. helping them run the family business. They all have visitor's visas. He will not be obtaining his own investor's visa for some time until the business makes more money and he is too old for his parents to bring him in as their dependent (25 I think). Meanwhile, my friend has been dating him for about 2 years. They met in Canada when he was there on a work permit. Recently, she decided to go to the U.S. to be with him while he sorts out his immigration stuff. I believe she has obtained an under the table job and gets paid in cash. She has been there for a few months (not longer than 6). There have been some complicating factors. Around May, he got a DUI and was convicted in September (he had a lawyer). The judge went easy on him as he was very polite - he didn't do any jail time and received a $1000 fine. He was informed he was lucky. He also applied to go to Canada for a visit on a temporary visitor's visa, but was denied as Canada's new policies regarding Mexicans are a little strict and racist, we all found out. Also with his DUI, he will not be able to apply to go to Canada for at least 5 more years until he applies as having been rehabilitated. Even through marriage, so that's out of the question.
My friend is quite worried about how this process is going. How will the DUI affect his application for his investor's visa when he does it. What happens if he overstays 6 months in the U.S. (even though his visa is good for about 8 more years I think). How will the DUI affect his application for a green card when and if he applies. What if my friend is caught working in the U.S.? What penalties will she face. Will she then still be able to marry him when he gets his green card and get in without issue? Or how long would she be banned for and what would her chances be of getting back in later? Will she have trouble crossing the border back and forth during all of this to avoid overstaying. Can overstaying even be tracked if you are a Canadian - is it even something worth worrying about? When she applies for her marriage green card in the future, what should she tell the officers to avoid getting denied for a visa but still avoid lying to them?
The main concern is they do not want to be apart. They already spent about a year apart while he helped start the family business. This immigration puzzle is very trying and difficult for two romantics who just want to be together and start on their life. Any help and advice would be appreciated.
My friend is Canadian and has a boyfriend from Mexico who is currently living in the U.S. His family is in the process of obtaining their investor's visa and he is there in the U.S. helping them run the family business. They all have visitor's visas. He will not be obtaining his own investor's visa for some time until the business makes more money and he is too old for his parents to bring him in as their dependent (25 I think). Meanwhile, my friend has been dating him for about 2 years. They met in Canada when he was there on a work permit. Recently, she decided to go to the U.S. to be with him while he sorts out his immigration stuff. I believe she has obtained an under the table job and gets paid in cash. She has been there for a few months (not longer than 6). There have been some complicating factors. Around May, he got a DUI and was convicted in September (he had a lawyer). The judge went easy on him as he was very polite - he didn't do any jail time and received a $1000 fine. He was informed he was lucky. He also applied to go to Canada for a visit on a temporary visitor's visa, but was denied as Canada's new policies regarding Mexicans are a little strict and racist, we all found out. Also with his DUI, he will not be able to apply to go to Canada for at least 5 more years until he applies as having been rehabilitated. Even through marriage, so that's out of the question.
My friend is quite worried about how this process is going. How will the DUI affect his application for his investor's visa when he does it. What happens if he overstays 6 months in the U.S. (even though his visa is good for about 8 more years I think). How will the DUI affect his application for a green card when and if he applies. What if my friend is caught working in the U.S.? What penalties will she face. Will she then still be able to marry him when he gets his green card and get in without issue? Or how long would she be banned for and what would her chances be of getting back in later? Will she have trouble crossing the border back and forth during all of this to avoid overstaying. Can overstaying even be tracked if you are a Canadian - is it even something worth worrying about? When she applies for her marriage green card in the future, what should she tell the officers to avoid getting denied for a visa but still avoid lying to them?
The main concern is they do not want to be apart. They already spent about a year apart while he helped start the family business. This immigration puzzle is very trying and difficult for two romantics who just want to be together and start on their life. Any help and advice would be appreciated.
If his parents get the GC (that's the case, right?), they can apply for him (it'll be F2B category). After that there are 2 scenarios: 1) parents become USC, the guy marry the girl, and both (guy & girl) are waiting for the GC in FB3 category; 2) guy gets greencard as unmarried child in either FB1 (parents USC) or F2B , marry the girl, and apply for her (she'll be in category F2A). In any case it'll be LOTS of waiting, and BOTH OF THEM MUST MAINTAIN LEGAL STATUS IN US AND DO NOT VIOLATE ANY LAWS (read, illegal work and such). If illegal work and/or illegal stay will be found during AoS they'll be banned from US (again, I'm talking about THEIR situation, there are exceptions, of course, for the immediate USC relatives).