How to Get Residency and Avoid Deportation

[emigre]

Juan Trejo is an adult male with citizenship in Honduras. Juan has two children with Maria Martinez. They are not married. Maria is also from Honduras. The children were both born in the US and have US citizenship, but they are currently living in Honduras a grandparent. Both Juan and Maria are undocumented aliens.

Juan arrived in the US in 2000 and has been arrested and in removal proceedings since. Maria arrived later and has never been arrested.

Juan would like to be able to remain and work in the US permanently. Ideally, Maria would also like to do the same.

What is the best path to choose for Juan? His next removal hearing is later in 2012.

(Fake names)

[aaron]

Is there some reason you are using real names here, despite the forum instructions? Can you confirm that these are names you made up before we proceed?

[emigre]

I put the following at the bottom of the message "(Fake names)." If that is not clear enough, I will change it to "(This post uses fake names.)"

[Dogmatique]

What makes Juan think he'll be allowed to remain in the US?

[emigre]

Dog: No one is assuming there is a guarantee. That does not mean that Juan will not try.

[Dogmatique]

Juan will likely be deported.

And barred from reentry for several years (if not permanently, depending on details we have not been given).

[emigre]

Thanks, Dog, for your opinion on the likely outcome.

Others - my question is what the best path for attempting to allow Juan to remain would be. Any suggestions?

His kids are US citizens and could or will be in the US and dependent on him at the time of his hearing.

[Dogmatique]

He cannot obtain immigration benefits through his children until they are adults.

The only chance he has is a hardship waiver. Given that a) the children don't live in the US (and if they're brought here for the hearing, they'll see right through it) and b) his wife is also undocumented, I would think his chances are slim to none - he cannot prove that a US citizen or resident would suffer by him not being here.

He needs an attorney - not a message board.

[emigre]

Thanks for your opinion, Dog.

Others - in order to give Juan the best shot of being allowed to stay, what would be the best course of action or status to pursue?

His children are likely to be in the US regardless of the hearing and dependent on him. Would that help his case?

[Dogmatique]

And who exactly would be looking after the children?

There is a reason for my question.