Green card for illegal immigrant ?

M

millwall

Registered Users (C)
Hi,

I have a friend who entered the country illegally from Honduras 2 years ago (he was caught at the border and given a court date but never attended court). He has since had a child in this country with a USC and is still with the childs mother but they are not married. I spoke to him tonight and he said he was told that if he gets married to the USC he will have to return home for many years before he would be elligible for a green card. Is this true ? would he not be able to apply or a green card through marriage even though he has been here illegally. Any advice would be greatly appreciated. Thanks !
 
Since he entered illegally, he would either have to return to Honduras and wait out the 10-year reentry ban, or get married and try for an I-601 hardship waiver. His chances of success with the waiver are rather slim, especially since he is probably already listed for deportation.
 
Boatbod,
It seems that the OP's friend was caught and issued a notice. Would that count as being inspected? I am not too sure but wanted a second opinion.
 
one of the requirements for adjustment of status through marriage with an USC is having entered legally to the US. He can apply for a waiver to that but it is extremely hard to obtain one.

Most illegal aliens do not accumulate illegal presence until USCIS notifies then of that, your friend being caught and given a court date for which he did not attend does not help, because he probably accumulated more than 1 year of illegal presence which makes him illegible to return legally to the US for 10 years.

If he married this USC he would have to return to HONDURAS and apply for his GC through consular processing, but leaving the US will trigger that 10 year ban.

Your friend needs to seek legal advice soon. One thing is he should not marry just for the GC. USCIS will tear them in the interview... He won't be able to figure this out on his own or with our help, there are many things that make his case pretty complicated.
 
Triple Citizen said:
Boatbod,
It seems that the OP's friend was caught and issued a notice. Would that count as being inspected? I am not too sure but wanted a second opinion.
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let me ask another question: does "inspected" equals "admitted"? Because many people are inspected at the POE and denied entry (admission), just because they were inspected that does not grant them the right to file for AOS.

Maybe the interpretation for "inspected" should be "legally admitted by an immigration officer"?
 
Deferred inspection and paroled are two that come to mind. In both, the applicant is inspected but not admitted as far as legal terminology is concerned.
 
Triple Citizen said:
Boatbod,
It seems that the OP's friend was caught and issued a notice. Would that count as being inspected? I am not too sure but wanted a second opinion.
Click to expand...


333,

Absolutely not!!! He was never inspected in the intepretation of the immigration law, which only applies to people who have legal documentation issued by US govt which is subject to verification by CBP. :eek: The OP's friend was never inspected, just caught and let go into the country and asked to appear before a judge. Have you ever being inspected by an immigration officer while holding valid US govt issued visa and asked to appear in court? :rolleyes:

Inspection by officer means having your passport and visa verified and stamped....:p This happens to a whole lot of people who enter legally....:eek:
 
Al Southner said:
333,

Absolutely not!!! He was never inspected in the intepretation of the immigration law, which only applies to people who have legal documentation issued by US govt which is subject to verification by CBP. :eek: The OP's friend was never inspected, just caught and let go into the country and asked to appear before a judge.
Click to expand...

Why would he be allowed into the country?
 
I'm interested too what the reason was that the person was allowed into the country in the first place. Could it be considered "paroled"?
 
PraetorianXI said:
Why would he be allowed into the country?
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Prae,

The CBP officials are people too, so he or she decided that it is best to allow the person into the country, but gave them paperwork with a court date. The CBP cannot do much more than they are expected or even asked....:confused:

The difference with being allowed into the country for crossing the border and flying to the country are huge: :( flying in without proper documents is minimal, because all airlines are fined huge amounts for carrying into the US or any country people without proper documentation. What normally happens is that the CBP puts you back on the same airlines back to where you were picked up...:rolleyes:

When you cross the border after two days in the desert of eating sand and locusts, what can the CBP do? If they have airplanes on the border, then all illegals who were caught would be flown back the same or next day. ;)
 
austriacus said:
I'm interested too what the reason was that the person was allowed into the country in the first place. Could it be considered "paroled"?
Click to expand...

Aus,

Paroled from what?

Here is the differences: He never had a legal status to derive a parole status.

Anyone coming to the US on an appropriate visa, but overstays and request adjustment of status, might qualify for a parole, because the law recognize that he or she violated the terms of their visa issuance, but it isn't egregious that they cannot be given another legal status. Hence, there is a advance parole. ;)

However, if you are an illegal immigration, you don't qualify for such a status. First of all, the law and immigration system doesn't know the person, because they never bothered to seek a status before coming to the US illegally.... :(
 
Al Southner said:
When you cross the border after two days in the desert of eating sand and locusts, what can the CBP do?
Click to expand...

Give them a good meal and a shower, and put them on an air conditioned bus back across the border and release them? Wouldn't that be more effective than giving them a court hearing on taxpayer expense?

Perhaps what happened is that the person was already considered to be inside the US, i.e. not at the border? I know in TX we sometimes have border patrol 100 miles inland from the actual border. Maybe then it legally requires deportation proceedings instead of just turning someone away?

In any case, the person would have received some form of documentation when they were allowed into the country, that they can show to an immigration attorney to get an opinion whether they can adjust status. That's what I would recommend.
 
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I was just wondering what happens if someone trying to cross the border between US and Honduras and gets caught. If that person does not have any documentation saying he is a Honduras national, where will he be deported to, assuming he gets caught by the US immigration officials? Since he is already on US soil, would it not be the responsibility of the US officials to determine the fate of that person by arraigning him in a court in the US?
 
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