Advice for friend

D

delboyt46

Registered Users (C)
Hi,

My friends who were married came to USA several years ago.They came to the US but two daughters were left back in Belarus.Despite visiting do not reside in the US.

The couple have split-the husband has a green card but the wife did not come to collect her green card at the appointment.I believe her green card was voided or un issued.She had two months on her worker registration card.

Now the wife has met another 'boyfriend' who has a green card.The pair are not married but have had a son together in the US.

Now I believe that the wife is illegal as her worker registration card is out of date but is she legal as living with a green card worker or as now she has a US child?

Can she apply to become legal again? She is currently employed in Pasadena but does the employer know her position? She must have shown her worker registration card to start but does she need to keep showing her card to keep her ongoing employment.

Any help appreciated.
 
delboyt46 said:
The couple have split-the husband has a green card but the wife did not come to collect her green card at the appointment.I believe her green card was voided or un issued.
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Green cards are not collected at appointments, they are mailed to the applicant.

You need to find out what the actual story is. Without knowing her status, we cannot give you an accurate answer. Her green card may have been issued but she didn't receive it; if that is the case, she may still be a permanent resident despite not having physical possession of the card.

What is the basis of their green cards -- did the husband get a green card first, and then he filed I-130 for her? Or a relative filed for both of them? Or was it employment-based, with she as the derivative beneficiary? Did they apply for their green cards via adjustment of status, or by immigrant visas through a consulate?
 
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Reply

We are friends of the couple (we are from UK) and trying to help them.The couple came here on husbands employment.I believe he had an employment card and she was a dependant on his status.However I believe she never recieved her green card (due to her moving away from husband).

If the couple divorce is the wife still eligible for Green Card?? Or does it depend on how long she has been in the country.

The problem for the couple is who returns to look after their children? and who is eligible to invite their children to the US.

The couple are not really on good speaking terms so we are trying to resolve their situation.
 
delboyt46 said:
We are friends of the couple (we are from UK) and trying to help them.The couple came here on husbands employment.I believe he had an employment card and she was a dependant on his status.However I believe she never recieved her green card (due to her moving away from husband).
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That probably means they applied for green cards in the US via adjustment of status, and the green cards likely were approved for both of them at the same time or nearly the same time, which would make her a legal permanent even if she didn't physically receive the green card. But without knowing the facts, this is just speculation.

Does she have the I-485 receipt, or at least her I-485 receipt number? If yes, she can check the status of it online.

Did she ever receive an I-551 stamp in her passport or an I-485 approval notice? If yes, that would mean she is a permanent resident, and she only needs to apply for a replacement card.

Did she interview for the green card at a US embassy or consulate? If yes, she would have become a permanent resident after being approved at the consulate and entering the US.

What immigration documents does she have, apart from the employment authorization card?

I presume she has a Social Security number. Does her SS card have the employment restriction wording on it?

You need to find out what is really going on and get back to us.
 
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OK-located as many documents as possible.I am hoping for some clarification for them as a family.

The husband came to work in the USA from Belarus in May 2002.The following January his wife came to the USA on a Visa R Type 03 which was issued in December 2002 and expired at the end of May 2003.

The wife has a social security card which has DNS Authorization which starts with an E number.She also has a IRS Individual Tax Payer ID Card.

The couple split in November 2004 and got divorced in Feb 2006.We believe the husband got his green card in 2006? but we are unsure of the wifes position.She is currently working in LA but is she legal and what is her current immigration position?

She has a new US baby with a new husband.(Non US Citizen).

Any help would be appreciated,as she is unsure what to do.
 
delboyt46 said:
The couple split in November 2004 and got divorced in Feb 2006.We believe the husband got his green card in 2006? but we are unsure of the wifes position.She is currently working in LA but is she legal and what is her current immigration position?
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Was an I-485 filed for her? Depending on if and when the I-485 was filed, and the basis for it (tied to husband vs. sponsored by a different family member), she may either be a permanent resident right now, or be in illegal status.

If it was filed, she would have signed an I-485 form (and maybe filled out the contents of it herself), and she would have gone for fingerprinting at an immigration office in the US and a medical exam at a designated doctor in the US. The medical would have included pricking her arm for TB skin test. Ask her if she went through those things. If she doesn't remember going through that, she almost surely didn't have an I-485.

She has a new US baby with a new husband.(Non US Citizen).
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If she is here illegally, her noncitizen husband can't do anything now to help her become legal, except applying to become a US citizen.
 
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Further Clues and Advice

Now I believe at some point she received a letter stating that she is illegal? but is she? She has been in contact with a lawyer,maybe this is just to fight the illegal status rather than becoming a PR?

The other thing I do not understand is her ability to work,drive and pay tax.Surely if she was illegal she should not be able to work,drive or pay taxes.

Anyway if you can advise on whether she can become legal or is infact legal that would be a start.

Her ex husband has had the green card for years now and works legally.
 
I don't think I can help you anymore. Everything is too vague -- she doesn't understand her own status or papers, and then you are describing her situation second-hand. Too much missing information and misinformation. She needs to work with a lawyer or some other knowledgeable individual to directly discuss her whole immigration story from the first moment she arrived in the US until now and to look at all her papers. Or at least get her to directly post as herself on the forum.
 
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Many Thanks

Thanks for all your help-

Can I ask just one last question.(Sorry to push my luck).

If an individual gets served with a letter stating they are illegal can a lawyer argue a case to get them to stay legally or by that stage is it too late.
 
It depends on the reason why they say the individual is illegal, and the evidence/circumstances the individual has for challenging the government's position.
 
I-485

Spoke to her this morning and yes she filed in a I-485 form and had a medical exam and fingerprints,but still to find out whether she obtain the illegal letter before or after applying for I-485.

Many thanks for all your help.If she filled in a I-485 would she be able to track the result?
 
delboyt46 said:
The other thing I do not understand is her ability to work,drive and pay tax.Surely if she was illegal she should not be able to work,drive or pay taxes.
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She is currently employed in Pasadena but does the employer know her position?
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She is the one who has the answer to all your questions. Your information are too vague, it's like you're asking us (random people on Internet) to dig information about your friend. Why don't you ask her directly?

If she ever needs help with immigration, I believe she would and should consult a lawyer. The fact that she didn't reveal much information to you shows that she doesn't need your help with these legal issues. So don't try to dig in.
 
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