District9

D

District9

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I wasn't sure where to post this. I suppose this is a good a place as any.

First off, I'm not sure what my status on the country is. Or any other country for that matter. My parents brought me to this country when I was 6 (or so, I think), and I can't call any other country home. My parent's friends brought me in as their child. As someone else I suppose. So did I enter without inspection? Its hard for me to answer a lot of questions since I was so young. I have all my shots if that's what they want to know, lol.

My parents both had the proper documentation to be here and work legally. Up to a point. Their paperwork expired and they returned. I stayed. I was 21 then. I barely even know spanish, where would I go, lol!? Up until I was nearly 18 I still thought I was legal. lol. Seriously. I had no idea the birth certificate and SS card my parents gave me were false. I used these documents (thinking they were in good order, and real) to get an ID, then a License when I was young. They worked. Don't ask me how, or why. I don't know.

So here I am now, a 30 year old now who's been working with a fake social, but real license. I haven't spoken with my parents for years, you can probably guess why. I have no way to even reach them. I have no paperwork (birth certificate) real one anyways, that says where I was even born. Why am I here? Because I'm tired of living this way. In lies I suppose? I'm married to a citizen, with 2 kids. For years now. The older I get the more worried I become of my status. What is my status? An overstay? Who knows. I have been thinking of reaching out to an immigration attorney. The only problem is, I don't (I can't) leave the country. I would be an illegal to any country I'd be deported to. I have no id or paperwork that says I belong to any other country other than the US. I can hardly even speak Spanish, I couldn't possibly survive anywhere else. Spend 10 years somewhere else? With my whole family of course, they wouldn't leave me. Ridiculous. Stupid really. Not gonna happen Obama, try again. So what can I do?

I simply just don't belong anywhere. Depression is hitting me hard the older I get, and as I see my kids grow, I worry more and more. I just can't live this way anymore, I need to fix this. But how? Leaving the country is not an option. I rather do nothing and keep living in lies than to move my family. What other options do I have? Apply for Amnesty? Adjust status? I don't know, I guess its why I'm here. For help. I need it. Thanks for any replies, thoughts, or anything you have to say really, it would help.

Thanks again.
District9
 
I am so sorry about your situation. If I were you, I would reach out to my parents and get the truth of how you were brought to the US.
 
District9 said:
First off, I'm not sure what my status on the country is. Or any other country for that matter. My parents brought me to this country when I was 6 (or so, I think), and I can't call any other country home. My parent's friends brought me in as their child. As someone else I suppose. So did I enter without inspection?
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Entering with fraudulent documents is entering without inspection. In addition, you've falsely claimed to be a US citizen.

Either you keep living as you are until you're caught, or you leave on your own. I don't see any way around those two options.

If leaving on your own is your choice, you'll need to work on obtaining documents from your birth country. If you know your date and place of birth, you might be able to obtain a genuine birth certificate, which in turn can help you get a passport of that country so you can return.
 
Thanks for your replies.
I got a hold of my birth certificate. With this I plan to visit the Mexican consulate and get at least some Mexican documentation. My current US ID expires soon, and I don't think I'll get lucky twice. Either way, Its not right and I want to correct this.

If I were to file paperwork (file for permanent residence in the US), what form would I file? Where would I start? Should my wife file for me, (petition for me) or should I file something for myself separately? I'm hoping to have these questions answered by an attorney here soon, however I would like to hear as many opinions on this matter as possible.

Jackolantern, leaving on my own is actually sounding to be the best option for me at this time. Would you think my situation be resolved within a few months? Or would I have to spend 10 years outside the US? I hear I must write a letter of apology, (my wife as well, a petition letter), if this letter gets approved I can come back in 6-8 months. If not, I must wait 10 years. Does that sound right? So it all comes down to my letter and what I have to say in front of the US Embassy?
 
There is no way* for you to legalize your status in the US any time soon, due to entering without your own valid documents, and claiming to be a US citizen. At a minimum, you're facing the 10 year ban. At worst, you're facing a lifetime ban for falsely claiming to be a US citizen.


*An exception would be a hardship waiver, but you'd have to demonstrate extreme hardship to your USC wife or another USC relative if you left the US. Merely being separated for 10 years doesn't count as extreme hardship in their book.
 
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AFTER you get your real ID:

The Matricula Consular (Matricula), also referred to as the Certificate of Consular Registration, is a water-sealed photo identification card issued to Mexican citizens by the Mexican Government. Local offices of the Consulate General of Mexico facilitate this service in the United States.

See more details at: http://www.mexico.us/consulate.htm

NEXT, your USC wife files an I-130 and when it gets approved.....

THEN you would have to request to be placed in proceedings before an IJ just so you could apply for Cancellation of Removal and adjustment of status.

Read about the requirements in INA 240A(b) or 8 USC 1229b(b) (google it or find it on www.uscis.gov on laws tab)

AND see:

8 CFR § 1240.20 Cancellation of removal and adjustment of status under section 240A of the Act.

(a) Jurisdiction. An application for the exercise of discretion under section 240A of the Act shall be submitted on Form EOIR–42, Application for Cancellation of Removal, to the Immigration Court having administrative control over the Record of Proceeding of the underlying removal proceeding under section 240 of the Act. The application must be accompanied by payment of the filing fee as set forth in §103.7(b) of 8 CFR chapter I or a request for a fee waiver.

(b) Filing the application. The application may be filed only with the Immigration Court after jurisdiction has vested pursuant to §1003.14 of this chapter.

(c) For cases raised under section 240A(b)(2) of the Act, extreme hardship shall be determined as set forth in §1240.58 of this part.

******
The standard has changed since the CFR was written, the STATUTE actually says "exceptional and extremely unusual hardship" now.

Look up that other regulation at:
http://ecfr.gpoaccess.gov/cgi/t/tex...c9&c=ecfr&tpl=/ecfrbrowse/Title08/8tab_02.tpl

As a small child you were not responsible for your manner of entry HOWEVER, as an adult, if you KNEW you were Not a USC and claimed to be one on an I-9 or every voted or whatever, that can be held against you. See a lawyer before approaching any U.S. Immigration authorities.

Good Luck,
 
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