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  1. #1
    Join Date
    Sep 2011
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    Default Marriage to Undocumented Immigrant

    USC woman married undocumented man in August 2011. He has been in the country since 2001, in undocumented status the entire time. She can file an I-130, but is there any way that he can stay in the country?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    Default Re: Marriage to Undocumented Immigrant

    He can file for a hardship waiver, but they're not commonly handed out.

    They should speak with an experienced immigration attorney who is familiar with marriages involving UAs.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2011
    Posts
    13

    Default Re: Marriage to Undocumented Immigrant

    The hardship waiver you reference is I-601, correct?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,217

    Default Re: Marriage to Undocumented Immigrant

    Yes, that's correct.

    Quick question though - was he brought into the country as a minor? And which US state is relevant?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Sep 2011
    Posts
    13

    Default Re: Marriage to Undocumented Immigrant

    No, he came in when he was 18, through Arizona, I believe. He has never left and I understand is subject to a 10-year ban at this point. So if the I-601 is available, what would be the procedure? File the I-130 on his behalf, then if it is approved, file an I-485 and I-485 supplement? Is the I-485 the step where the I-601 will be needed?

    I appreciate your feedback.

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