**Need info

[kyleclark]

What are the problems for someone wanting to marry an immigrant that is ouf of staus? If he works a job and pays taxes under a made up SS number does he have to disclose this? he came here on a r b1/b2 visa and is not sure how to navigate this marriage process with his USC fiance. They would ultimately, in the end not want to look for ghosts over there shoulders.

Thanks in advance...

[peace]

How long has he been out of status?

[kyleclark]

Out of status for 3 years..

[peace]

You will need a very good immigration attorney.
Anyone overstaying more than 1 year invites an entry ban for 10 years
and if the person never left the US , he is subject to deportation despite a green card petition through marriage to a USC.

There is a waiver available to avoid depotation called the EXTREME HARDSHIP WAIVER
for married couples in the US but please note;
* they need to be married for that;
* it is not an easy waiver to get;
* if you file the waiver, get a very good attorney;
some attorneys will file it anyway without working hard on it to get their fees.

Advice;
Talk to a very good immigration attorney before getting married.
There are several who would give you the right advice for a few hundred dollars.

[kyleclark]

He overstayed his visa but his sister made a petition for him to stay. It says on the UCIS website, I quote:

"Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case received and pending.

On August 7, 2001, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you."

That is the last we heard, any help?

[peace]

You never said anything about the sister's petition before. Please answer the following;
*Is the sister a US citizen?
*When did she file this I-130 petition for him?(month/yr)
*When did he go out of status?(month/yr)

He may be ok if his sister filed in time.

[kyleclark]

Yes, sister is a US citizen.

Filed the I-130 May 2001.

B1/B2 visa expired Sept 2003. The issue date was Sept 1998.

Hope this is what you meant....

Thanks...

[peace]

He did not hear about the sister's I-130 petition because there is a wait period of 10-20 yrs for that category depending on his birth country.
What country is he a native of?

By out of status I meant , when did he enter US and when did the date on
his white card(I-94) expire? Visa is different from stay.

[hello1234]

before judge

hi
how r u doing? i have some questions. u said if someone overstays for more than one years they can be barred for 10 years. even they can be subject to gc.but i looked at some laws if u look at it they can be forgiven before the immigration judges. i found this law...There is an "alien-based"* reading of 245(i) and the LIFE Act. This means that an individual can "qualify" to file a I-485 adjustment of status application (in the United States), if he/she:

1) has been a beneficiary of an I-130 relative application, filed before April 30, 2001, or
2) has filed for an I-485 adjustment of status application, before April 30, 2001, or
3) has been a beneficiary of an ETA-750 labor certification application, filed before April 30, 2001, or
4) has filed an I-140 immigrant preference application, before April 30, 2001, or
5) was/is/will be the derivative spouse or child of the individual in (1)-(4) above (some restrictions apply).


............................................................ .................................................. my question is would they able to adjust before bar or after bar???? and i am not sure if that law has been changed or not. if u know let me know about it please.
............................................................ ...............................................
here is my case
i came here with f1 status . i worked illegally.i over stayed.my parents live in here. they have pending applications for me. my dad is a usc, my mom is us residence, my brother is usc. i got married a usc they all have pending application for me.
coz of my marriage my mother's application has been cancelled, father application has been downgraded. priority date is not available for my brothers application which will be upto date with in 3 months. since my wife is a usc she applied for me and the i-130 has been approved. when gone out of status i went to special registration and they put deportation against me and i wanted to meet judge coz my whole family is here and i have 4 pending alpplication. i have a baby girl who is born in here too. my wifes 1-130 has been adjudicated with interview. now my i-485 application is before judge. do u have any experience about this kind of cases?? i have gone out of status in 2001. i went to nseer in 2003. do u know wat judge will say or wat most judge do about it? i guess none had bad situation like i had. reply me if u have any answers.