US Citizen mother. Illegal son. Big drama

newyorker1966

New Member
Mother is US citizen for over 7 years. Son is over 21, single and illegal alien in US for more than 15 years. No immigration related background. He applied for GC on 2005. Immigration answered back 2009. The application states that the son lives in Peru. The letter was sent to a peruvian address.
Question:
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?
 

TheRealCanadian

Volunteer Moderator
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?

The son has a huge problem. He cannot adjust status in the US based on his mother's petition, and the minute he leaves the US the 10-year re-entry bar kicks in.

His only hope is marriage to a US citizen.
 

myredskins

Registered Users (C)
I think the son should leave the US to start the process based on the following: If you leaving the US, you dont get inspected right. So how will they know you left? Or that you were here after all, if there is no trace of you being here in the first place?
 

TheRealCanadian

Volunteer Moderator
I think the son should leave the US to start the process based on the following: If you leaving the US, you dont get inspected right. So how will they know you left? Or that you were here after all, if there is no trace of you being here in the first place?

Are you suggesting he lie on the DS-230?
 

myredskins

Registered Users (C)
I am not going to dwell on moral issues. So hmmm if he stays here.. he'll probably marry a USC anyways. Here is what is weird about the law..

if this person tries to adjust through their mother.. as they are currently doing they risk not getting approved and banned for a long while.

but if they ignore all that and marry a USC someday they have nothing to worry about, pretty much.

no wonder i say i cant deal with moral issues.

Are you suggesting he lie on the DS-230?
 

TheRealCanadian

Volunteer Moderator
if this person tries to adjust through their mother.. as they are currently doing they risk not getting approved and banned for a long while. but if they ignore all that and marry a USC someday they have nothing to worry about, pretty much.

no wonder i say i cant deal with moral issues.

I didn't address anything from a moral standpoint, just a legal one.

The law says he cannot adjust based on a US citizen parent, but he can based on a US citizen spouse. The law also says he cannot re-enter the US for 10 years after overstaying for so long. I didn't write the law, that's just what it says.

The law also says that if he makes a material misstatement on his DS-230 to get an immigration benefit, he is permanently barred from entry into the United States. That's FOR LIFE, FOR ANY REASON, and there is NO WAIVER. That's also what the law says.

If you believe that a young adult who has spent the majority of his life can successfully impersonate a native Peruvian in front of a consul who sees them every day, be my guest. He might. I don't know. I do know that consuls aren't idiots, their job is to detect fraud or inconsistencies, and my bet is that he is likely to be discovered, especially since they deal with native Peruvians every day and can notice differences in dress or accent.

If the consul detects the fraud, then junior is spending the rest of his life in Peru, or at least outside the US. If the consul discovers that Mom lied on the I-130 and reports it to ICE, she can be prosecuted for immigration fraud. She won't be deported, but she will be a convicted felon with significant negative consequences going forward, even if she never serves a day in jail.

So my concerns are not moral. Whatever happens to you in the next lifetime, the consequences in this one are bad enough.
 

jbounar81

Registered Users (C)
Mother is US citizen for over 7 years. Son is over 21, single and illegal alien in US for more than 15 years. No immigration related background. He applied for GC on 2005. Immigration answered back 2009. The application states that the son lives in Peru. The letter was sent to a peruvian address.
Question:
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?
if your son came on a visa and expires you can adjust his status in the us ,but if your son came from the border he has to go back to peru get a good lawyer ,apply for waiver and he shoold be back sooner.
 

trialanderror83

Registered Users (C)
I didn't address anything from a moral standpoint, just a legal one.

The law says he cannot adjust based on a US citizen parent, but he can based on a US citizen spouse. The law also says he cannot re-enter the US for 10 years after overstaying for so long. I didn't write the law, that's just what it says.

The law also says that if he makes a material misstatement on his DS-230 to get an immigration benefit, he is permanently barred from entry into the United States. That's FOR LIFE, FOR ANY REASON, and there is NO WAIVER. That's also what the law says.

If you believe that a young adult who has spent the majority of his life can successfully impersonate a native Peruvian in front of a consul who sees them every day, be my guest. He might. I don't know. I do know that consuls aren't idiots, their job is to detect fraud or inconsistencies, and my bet is that he is likely to be discovered, especially since they deal with native Peruvians every day and can notice differences in dress or accent.

If the consul detects the fraud, then junior is spending the rest of his life in Peru, or at least outside the US. If the consul discovers that Mom lied on the I-130 and reports it to ICE, she can be prosecuted for immigration fraud. She won't be deported, but she will be a convicted felon with significant negative consequences going forward, even if she never serves a day in jail.

So my concerns are not moral. Whatever happens to you in the next lifetime, the consequences in this one are bad enough.

Well thats where you are wrong RC, most those ins officers are idiots. One at the US/Can border though my father(who is canadian) needed a visa to enter as a tourist. The supervisor had to come out and tell the IO he didn't after a verbal argument with my 64yo father. He drove across, that doesn't say much....
 

TheRealCanadian

Volunteer Moderator
Well thats where you are wrong RC, most those ins officers are idiots. One at the US/Can border though my father(who is canadian) needed a visa to enter as a tourist. The supervisor had to come out and tell the IO he didn't after a verbal argument with my 64yo father. He drove across, that doesn't say much....

He's not going to be dealing with CBP, he's going to be dealing with a consul in the US Embassy in Lima.
 

Triple Citizen

Registered Users (C)
Actually the State Department has a much tougher applicant criteria and a tougher entrance exam. In addition to that, they undergo strict training to catch liars, con artists and frauds before being posted abroad. I am a diplmatic brat, so I know a thing or two about diplomatic life/embassies and consulates.

Yeah there requirements are probably the same, high school diploma or GED!
 
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trialanderror83

Registered Users (C)
Actually the State Depaertment has a much tougher applicant criteria and a tougher entrance exam. In addition to that, they undergo strict training to catch liars, con artists and frauds before being posted abroad. I am a diplmatic brat, so I know a thing or two about diplomatic life/embassies and consulates.

TC of topic. When you visit Canada do you bring both your U.S./Canadian passports? And if you do, do you tell the IO you have dual and show both?
 

Triple Citizen

Registered Users (C)
I carry both passports. Upon entering Canada I present myself as a Canadian citizen. Twice I have been asked by CIC what my status is in the US and told them that I also hold US citizenship.
Upon returning to the US, I present myself as a US citizen. Only once I was asked what I was doing in Canada and I told them I was there to complete my wife's landing formalities. That led to the officer asking me my status in Canada and I told him that I hold Canadian citizenship.


When you visit Canada do you bring both your U.S./Canadian passports? And if you do, do you tell the IO you have dual and show both?
 

trialanderror83

Registered Users (C)
I carry both passports. Upon entering Canada I present myself as a Canadian citizen. Twice I have been asked by CIC what my status is in the US and told them that I also hold US citizenship.
Upon returning to the US, I present myself as a US citizen. Only once I was asked what I was doing in Canada and I told them I was there to complete my wife's landing formalities. That led to the officer asking me my status in Canada and I told him that I hold Canadian citizenship.

Both countries recgonize dual citizenship correct?:confused:
 
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