US citzen married to illegal alien any hope?

R2010

Registered Users (C)
He came to the us without visa in 2004. they fall in love an marry in 2008. Is there any legal path for GC?
 
He came to the us without visa in 2004. they fall in love an marry in 2008. Is there any legal path for GC?

If he came here illegally in 2004, he cannot adjust his status to a LPR. The cut off was 2000. If it was before 2000, he could benefit from 245(i), but because he came here illegally in 2004, there is nothing you can do. This is what i have read. You can talk to an immigration lawyer who is better at this.
 
The INA 245(i) cut-off date was April 30, 2001, for the filing of a petition or labor cert. The alien would have had to enter by a certain date in December of 2000 in order to later adjust status. IF anything non-frivolous and approveable when filed was filed by then, it can be used later to grandfather a new petition.

This does not appear to be the case.
 
The INA 245(i) cut-off date was April 30, 2001, for the filing of a petition or labor cert. The alien would have had to enter by a certain date in December of 2000 in order to later adjust status. IF anything non-frivolous and approveable when filed was filed by then, it can be used later to grandfather a new petition.

This does not appear to be the case.

No you cant and you would have had to put the paperwork in in 2000 in order to be eligible.


Thanks
 
Thanks guys. I kind knew the answer already but I was telling my friend about this forum and she asked me to put this question for her... They at least could extend the 245i.. it is about time. 10 years this month! hopefully they will...
 
With the Republicans controlling the house, there will be no extension or reintroduction of 245(i) or anything similar.
 
I do not know the legal ways as well, however I speak from a true to life case.

Weirdly enough, my sister-in-law was in the same boat and she hired a immigration lawyer, now her husband is a LPR and living and working here.

I would highly recommend you hire one, however it is a long journey so tell her to be prepared for everything.

All the best!
 
Weirdly enough, my sister-in-law was in the same boat and she hired a immigration lawyer, now her husband is a LPR and living and working here.

I'm sure that wasn't quite the same boat ... either her husband entered the US legally and overstayed, or he entered before the 245(i) cutoff, or he left the US and managed to obtain an I-601 waiver.
 
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