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Can you please tell me the first steps to take (if it's even possible) to becoming legal if a person is in the U.S. illegally from Mexico (no papers, no inspection, etc.)? We have contacted several attorneys and have gotten conflicting answers. Thank you.
There's no easy way. Run some of the ideas you heard past us and we'll comment.
We were told he must return to Mexico and apply for legal entry into the U.S.
He has been told marriage to a U.S. citizen could help and has also been told the opposite.
He was told he might be able to get a sponsor but he has no idea what the means.
We have also heard that it just isn't possible.
Thanks for your help.
Does anyone have any suggestions?
Thank you.
If he returns to Mexico and his presence has been detected (or his departure is detected) he could be subject to a long period of exclusion. If he marries, he has no right to adjust his status because he entered illegally and it will be difficult to claim extraordinary hardship to the rest of the family on the basis of a marriage entered into primarily to avoid immigration consequences for illegal entry (and even extreme hardship is no guarantee). Sorry, but when you break immigration laws there aren't always easy fixes.
This man and his girlfriend (my daughter) spoke with an immigration attorney today. The attorney told them that if they get married, they can provide their marriage license and start the legal process to change his legal status. They were told that he would have to have an interview and a background check, and that he would have to file taxes for the past two years. After doing this, he would be able to obtain a green card and then would become a citizen. The attorney said this whole process would cost $2500.00 and would take 3 years. Please let me know your opinion about this new information.
Thank you.
The process described by the lawyer is basically correct for someone who entered the country legally (Even if they overstayed, it is okay, as long as they entered legally)
However, the one big question is about whether this process will work because the person entered illegally (No inspection, no documets...)
What most people reply about this situation is IF they entered illegally, then they cannot follow this process, unless they can prove extreme family hardship.
Based on what you have indicated, I would be skeptical that this process will work. Bit if the attorney thinks so, assuming he is fully aware of all the facts, then I say give it a try.
It is no protection, but see if you can get the lawyer to put in writing that he believes it can work. But you must always remember that there are not guarentees...The whole process is subjective, meaning you have to prove to the government everything about the case is legitmate, and they will face a lot of scrutiny of the relationship. In the end, though, it will basically boil down to one persons decision.
I'm just curious..... just how long does "long period of exclusion" mean?
Generally speaking, three to ten years.
I've been reading about the new immigration reform plan to be voted on soon. Would this plan cover all illegal immigrants - including those who originally entered without inspection, etc. as described in the above situation?
It's much too early to guess what the final bill will look like, or even if they will be able to agree (between the House and Senate) on legislation that could pass both houses, let alone survive a veto.