I need advice -to be legal in the US

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StuffyNose

Registered Users (C)
B2 holder, How to Attain GC/EAD?

B2 holder, How to Attain GC/EAD?

Hello,

I have been in and out of the states. Last time I entered the US was a little more than a year ago.
I lived here, had never been illegal, I wanted to study in the US so I wanted to do it the right way, I applied for student visa back in my country (left on time before my I94 expired), which I didn't get and the officer told me "You are not able to travel to the US again".
As I didn't have my other passport with me, the officer didn't cross my type B visa, but they took fingerprints.

I went to a same type of school is Canada, I wanted to try if I could, so went to the US for the holidays by train with no problem, came back to Can and went to the US again to be with my boyfriend of 5 years (he had no papers).
My "white" paper expired a year ago since I wanted to live here or at least to make some money and go back to my country. My "uncrossed visa" is OK till 2008.

Now, I just want to settle, be with him, get a family and start a decent career (I have a Masters from my country...) He just got his GC recently -sponsored by citizen parent, he said he would help me out but I don't really want to marry him unless he wants to start a family. I heard that a GC would take me like 7 years if I married a Legal Permanent Resident, correct?
Would I be able to get a work permit if I get married to a LPR, even if I've been here for 1 year illegally?

I'd like to live here in the US but I'm discouraged and have decided to give myself 6 months and return to my country. But I'm scared that I could never return and/or I'll get the 10 years ban.

Can someone advise me please on what I can do to at least get a Employment Authorization Document?
And also what steps I should take to adjust my status if this is what the key is?


I am getting into the "age" when I think of myself as old, late for having kids, getting a job. Don't want to waste time in a "low class" job when I have worked hard to attain a degree. (I hate my country, there is only low salary, corruption, etc I don't want to live there at all)

(Also, is that right that every 3 or so states belong to "districts"? Would it make a difference (like difficulty level or time) if I applied from a different state? I am aware of this is under federal law and facts are facts, I am only talking about the speed of the procedures.. I heard Florida is pretty easy going.)


Any Advice Is Appreciated!
Stuffy
 
Last edited by a moderator:
If your BF has a GC, he can become a citizen in 5 years. Then he can sponsor you and it can take as little as a few months. So realistically you are looking at 5.5 years, not 7.

Depending on what you do for a living there are hundreds of different work visas out there available to you.

You could stay in school for the next 5 years until the GC via citizen boyfriend comes through.

Finally it is a done deal thatillegals are getting amnesty in less than a year ** so it may be a moot point for you.
** I am not suggesting amnesty is a good thing, but it is a reality.
 
Hi Eddie,

Thank you very much for your reply!

When I applied for the student visa, I didn't get it. I came with the same B. I am not in school anymore and I don't know how it's possible to change status or be legal if I attend to one.

To wait for the BF to become citizen, that would make us a 10 year old couple -which sounds funny, with a low-class job for me.
 
StuffyNose said:
My "white" paper expired a year ago since I wanted to live here or at least to make some money and go back to my country.
Click to expand...

If the I-94 has been expired for over a year, then you are subject to the 10-year re-entry bar. Sorry.

I heard that a GC would take me like 7 years if I married a Legal Permanent Resident, correct? Would I be able to get a work permit if I get married to a LPR, even if I've been here for 1 year illegally?
Click to expand...

You would get no work permit and no legal status by marrying a PR, and you cannot become a Permanent Resident through the FB2 category because you are subject to the 10-year bar. The only hope you have of ever becoming a Permanent Resident is either a) an amnesty, or b) marrying a US citizen.

But I'm scared that I could never return and/or I'll get the 10 years ban.
Click to expand...

You should be.

Can someone advise me please on what I can do to at least get a Employment Authorization Document? And also what steps I should take to adjust my status if this is what the key is?
Click to expand...

Marry a US citizen and have him sponsor you. That is your only hope.
 
Thanks for both of you.

So you are saying that even marrying someone PR wouldn't allow me to have/apply a EAC? Or if I left, come back with a new "white" card, that made me legal, would change anything?
 
StuffyNose said:
So you are saying that even marrying someone PR wouldn't allow me to have/apply a EAC?
Click to expand...

That's correct. Not only that, but since you are subject to a re-entry bar, you cannot become a PR based on FB2 even after waiting the seven years to become current.

Or if I left, come back with a new "white" card, that made me legal, would change anything?
Click to expand...

You cannot legally come back with a new I-94 (the white card) until 2016 at the earliest.
 
eddie_d said:
Finally it is a done deal thatillegals are getting amnesty in less than a year ** so it may be a moot point for you.
** I am not suggesting amnesty is a good thing, but it is a reality.
Click to expand...

Where does that information come from?
 
Quote:
Originally Posted by eddie_d
Finally it is a done deal thatillegals are getting amnesty in less than a year ** so it may be a moot point for you.
** I am not suggesting amnesty is a good thing, but it is a reality.


Where does that information come from?
Click to expand...

I'd like to know this also?
 
Speculation....

Guys,

I think Eddie is just speculating on the fact that the Democrats now control Congres and they favor Amnesty to all illegal, then he can safely assume tha they will pass mass amnesty.

However, the structure of the proposed amnesty, if it goes forward without any amendments will not favor anyone who has been in the US as an illegal for less than 5 years. For example, if you came here in 2001, then lost your valid nonimmigrant status in '04, then the proposed amnesty doesn't include you. However, if you came in Uncle Sam in Jan 2000, and has a valid visa for 6 months and overstayed your visa till today, then you will be able to get amnesty, at least according to the proposed law.

Boys and girls, all of this is just pure speculation and until BUSh signs anything, all of this is just talk and political posturing. So, people who have been illegal for less than 5 years, you won't be eligible... ;)
 
Actually the way the amnsty Senate bill was written was anyone here at least 2 years was still eligible but would take longer than someone here 5+ years. But 2, 5 or 10 years makes no difference. All these people were working ILLEGALLY, meaning they were using fake documents, and were getting paid under the table. How hard do you suppose it is for someone who came here in 2005 to make up some "pay-stubs" saying they were here in 2000? About as easy as it is for them to buy a fake SS card for $50 that's how easy.

As for whether it will or won't, it's a no brainer. Bush wanted amnesty from day 1. Reoublicans in congress stopped it. Democrats supported it almost 100% in both houses. Now there are more democrats, fewer republicans and the same Bush....the only question remains is will it pass in January or February of next year? Less than a week after the election the Dems have already said they won't fund the 700 mile border fence that was passed a couple of weeks before the election. Anyone thinking amnesty isn't coming is deluding themselves.


Al Southner said:
Guys,

I think Eddie is just speculating on the fact that the Democrats now control Congres and they favor Amnesty to all illegal, then he can safely assume tha they will pass mass amnesty.

However, the structure of the proposed amnesty, if it goes forward without any amendments will not favor anyone who has been in the US as an illegal for less than 5 years. For example, if you came here in 2001, then lost your valid nonimmigrant status in '04, then the proposed amnesty doesn't include you. However, if you came in Uncle Sam in Jan 2000, and has a valid visa for 6 months and overstayed your visa till today, then you will be able to get amnesty, at least according to the proposed law.

Boys and girls, all of this is just pure speculation and until BUSh signs anything, all of this is just talk and political posturing. So, people who have been illegal for less than 5 years, you won't be eligible... ;)
Click to expand...
 
I was wrong. It will be December.

From Roll Call:

After meeting privately with Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.) earlier this week, Senate Judiciary Chairman Arlen Specter (R-Pa.) said Thursday he is moving forward with plans to resurrect the languishing immigration reform measure before the end of this year. I'm sure glad I went the legal route, aren't you all?
 
Why in the hell would they stop the wall?
Amnesty or not, how are they going to prevent other illegals to cross?
Another amnesty in 2011? Come on!
 
I don't think they would go with a total amnesty, Bush made it clear a few months ago, when he announced his plan.
 
StuffyNose said:
I don't think they would go with a total amnesty, Bush made it clear a few months ago, when he announced his plan.
Click to expand...

He actually announced his plan in January 2004, not a few months ago. He has explicitly said on numerous occasions he wants full amnesty, just didn't use that particular word. He said he wants a "path to legalization". That path includes US citizenship. El Presidente Jorge Arbusto can call it a chicken all he wants. But if it looks like a duck, walks like a duck and quaks like a duck, guess what, it's a duck.

The Senate bill that is being resurected has full amnesty in it. It says that if you are here illegally, all you have to do is pay a $2000 fine, learn some English, pay 2 years of back taxes and if you don't get arrested for anything too serious you're a citizen. If only I had known!! I have been paying taxes every year for 9 years. Stupid, me, I could have worked tax free for 7 years and all would have been forgiven.
 
in december there might be action if republicans decide to get the best deal they cna get. but it will be more like in june where it might become law.
 
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