He didn't enter legally...now what?

N

new mexican

Registered Users (C)
Hi,

I am a U.S. Citizen married (one year) to a man from Peru. He came to the U.S. four years ago. He was working on a cruise ship (nonimmigrant crewmember visa) and he got off the ship in Miami and didn't return.

Now I want to sponsor him. I don't think I can use the 485 form in this case. My questions are:
Isn't there a form 485A which has a $1000 fee and is used for cases like this?

Or does he have to go out of the U.S. to, say, Canada, stay two weeks, then re-enter the U.S. in order to change his entry status?

(He has a U.S. drivers license.)
Please tell me if you have been through this. :(
 
Is there anyone out there who has been through this?

In the past, I was on the other end of the immigration process. My ex-husband was from another country and I went through the entire process and eventually acquired citizenship. (Now I have dual). I know that there are steps to take and rules to follow. I did not use a lawyer then and I don't want to now. But I would enjoy hearing from someone who is in a similar situation. Is there another 485 form which has a huge fee, $1000, and is used for this situation?
 
Illegal Husband

I do not know anyone personally who has such a scenario but I am sure there are plenty of people around who are in the same problem as you are.

Unfortunately, a few years ago, the immigration laws were very lenient and people got away with overstaying in the US. In the post 9/11 era, it is pretty hard to break in. A decent suggestion for your husband would be to take a voluntary deportation and come back here within a year or so through you (or however long it takes). There is also a slim chance that he may get the GC but the stakes are very high that he will be asked to leave the country and go to the interview to a US counslate in Peru. Ofcourse if this happens, there will be a 10 year bar and you do not want that.

In anycase, I would strongly suggest to get a good lawyer for yourself. I know they come expensive...but they can help you out.
 
What about this?

Here's one of those "I know a guy..." stories.
I know a guy who knows a guy from Greece who was here illegally. He went to Canada and stayed two weeks. He came back into the United States legally as a tourist. Then his wife applied to sponsor him.

Could this be a way for my husband to be here legally?
 
New Mexican,

You really need the advice of a highly skilled lawyer. If you try this on your own and you make a mistake, the consequences will likely be much higher and severe than the amount you need to spend on a lawyer. If you go relying on heresay and "I know a guy" stories you will most surely be doomed. Get yourself a good attorney. If anyone ever needed one, it is you. I wish you good luck.

Scott
 
And on top of all that...

We're expecting a baby. So I REALLY don't want my husband to leave and come back in ten years.

Of course, I COULD go to Peru with him. But we have great jobs here and we want to stay. Ahhh, if only our FEELINGS were the deciding factor here:)

I am a dual citizen (American-Canadian). I wonder if there is any advantage there.

What a mess. I think I may just have to find a lawyer.
 
Mystery form

Yes, I'll find a lawyer. But my last hope...Has anyone come across form 485A with its $1000 fee?
 
Not a mystery form.

new mexican said:
Yes, I'll find a lawyer. But my last hope...Has anyone come across form 485A with its $1000 fee?
Click to expand...
It is not a mystery or some other hiding form.
It is available at www.USCIS.gov official site.and deals with section 245i.
Below is the path:http://uscis.gov/graphics/formsfee/forms/files/i-485supa.pdf.
Giving this form just for info' but check the form applicability to your situation.
Better, Only a lawyer may help you as situation is complex.
 
new mexican said:
Here's one of those "I know a guy..." stories.
I know a guy who knows a guy from Greece who was here illegally. He went to Canada and stayed two weeks. He came back into the United States legally as a tourist. Then his wife applied to sponsor him.

Could this be a way for my husband to be here legally?
Click to expand...
Well...once again...things have changed after 9/11. I myself drove to Mexico and came back by just showing my I-94. Try that now and you will be taking a one way ticket back to your home country. Going to Canada and coming back may be an option but again, like someone said earlier, anything can happen at the counslate. Also, Canadian and Mexican counslates are getting away from giving visas to Third Country Nationals (TCN) specially if the person stayed in the US illegally or if the person changed their status in the US while visiting on a different status. Your husband has done both.
 
Your going to need a 601 waiver and he will need to return to Peru which also happens to be where your waiver will end up. You will need a hardship letter to be included with this. There is a great site out there that deals with 601 waivers and has copies of approved hardship letters. It is www.immigrate2us.net
 
it gets very complicated when you enter illegally.

Especially right now and especially if you are of a certain ethnicity.

A lawyer can definitely help you with this process.

However another option to consider is what was mentioned previously and that is go back to your country and try to get a visitor visa from there.

Since you two are going to get married why not have a romantic wedding there then you go back to the US and petition for a k3 visa.
 
the $1000 fine is only for those who entered legally and then fell out of status completely. This fine is waved when married to a USC
 
bb_5555 said:
However another option to consider is what was mentioned previously and that is go back to your country and try to get a visitor visa from there. Since you two are going to get married why not have a romantic wedding there then you go back to the US and petition for a k3 visa.
Click to expand...

Since the alien in question may be subject to the 10-year re-entry bar but might also be eligible for relief by getting married and filing an I-130/I-485, there is only one correct course of action:

See an experienced AILA-recommended family-based immigration law attorney.

End of story. Anyone on an Internet bulletin board who suggests anything else is foolish. The only person more foolish would be someone who listens to some of the "advice" being thrown around here.

This could be very serious, and it could also be easily resolved if you do things properly, and no one here has the ability to navigate that particular minefield.
 
hi im in the same situation

i was just wondering if you ahve had any luck?? I have the same promblem my husband entered here in the usa 4 and a half years ago we've been together for 4 years but recently got married we have 2 children together
and i was wondering if you have found out anything? thanks. email me at byrnemelinda@hotmail.com
 
migue1967 said:
He must go back to Peru and wait (years???), there is no 245i law at this moment.
Click to expand...

The issue is not being out of status. Immediate Relatives of US Citizens have always had the benefit of 245i benefits, through another section of the INA. The question is, will the illegal entrance to the USA kill his chances?
 
illegals go to jail

if he entered illegally, he has to go to jail. if you tell me your name and address, i will inform ins to catch all of you.
 
such is your ignorance, just because you been lucky and got your green card recently . that does not give you any right to laugh at others luck :mad:
 
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