complicated situation

[sam1804]

Thanks guy for such wonderful forum!
I 've got a complicate situation from a friend of mine.
He entered the US via Mexico and ot arrested. He spent about two weeks in detention at the border before being released. He hired a lawyer and ask for political assylum and got his request denied about four years ago. He filed an appeal through his lawyer but it looks like the lawyer never sent anything to USCIS. HE found aout that 2 years later. He is now married with a US citizen. He does not know should he file for change of status!

He went to seek the advise of a lawyer but was told not file anything as od now. He has been married for more than a year.
What should he do? Is there a way out? Would even amnesty help him?
Thanks for your answer!

 

[LucyMO]

let me get this straight: did he cross over to the US with any kind of visa and inspection, or in the night through the desert/Rio Grande?

IN the latter case, he can't get anything...

 

[sam1804]

He was apprehended at the border. Was detained for a week and then released. He had a passportbut not a visa I guess. He applied for a assylum got denied and thought the lawyer had filed an appeal for him. He found ou about two years later he never did!
e is now married to a USC is there anything else they can do at this point! Can he start filling out his papers for permanent resident?

 

[LucyMO]

I don't think he can be helped. If he gets a superb lawyer, maybe, he could argue his case. Other than that - no inspection, no AOS.

 

[Al Southner]

Be careful of vulture lawyers...

He was apprehended at the border. Was detained for a week and then released. He had a passportbut not a visa I guess. He applied for a assylum got denied and thought the lawyer had filed an appeal for him. He found ou about two years later he never did!
e is now married to a USC is there anything else they can do at this point! Can he start filling out his papers for permanent resident?

Hi:

It is not possible for your friend to be helped with regard to changing his status even though he is married to a US citizen. First of all, on what grounds did you apply for asylum?

Secondly, crossing the border is ilelgal, and your friend will have to be deported or leave voluntarily. Tell your friend to stop visiting lawyer seeking a magical solution to his peril, there is no solution except to leave and will be banned for 10 yrs.

Unless of course, US Congress pass a blanket amnesty which will include you. I make no recommendation on his situation, but be weary of any lawyer telling you that you can adjust your status in the US.