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  1. #1
    Join Date
    Mar 2009
    Location
    Las Vegas Nevada
    Posts
    8

    Question Immigration Issues and Marriage

    I have a problem to solve and am not sure where to begin...
    I have a (close friend) I was under the impression he was just like anyone else, legal. Turns out that he is not. Appreantley his loving parents decided to leave him and his sister in Mexico and come to America to get a better life. Succeded and also had 5 more children. (thats just an issue I have with that).

    Moreover, then he had to come here when he was 13, where he lived in L.a. and went to school and recvd a diploma (?) not sure how that happened. Nevertheless, when he turned 18, he and his ex-wife were married (also not sure how that happened) but they were married for over 10years. in between he obtained a green (work?) card. However he was not working for a while and did not have the money to pay some kind of fee when schedualed. I believe that his work card was then cancelled, but his wife and the rest of his legal family was here, so he did not leave but continued to use his social security # and id to work with no problems.

    When we met he and his wife were already seperated for more than a year and he was just living with his parents. I thought that he was resolving his own divorce issues (as he is really a smart and sensitive man) and at the same time he was helping his parents out with the bills. Well after about a year of dating - he recieved his divorce papers (about 1 year ago) and we became more serious.

    Yes in between his family and him did warn me of the immegration issues. However I thought it was less complicated. Now we want to marry, but I do not want to make him marry me for fear of deportation. I would like it to be a legit choice on his behalf. And he does say it is. we are really in love.

    So I need to know how to sort this out. Is there a way to reinstate his Work card or go thru some kind of citizenship process prior to marriage. As the divorce was not long ago, and he had a work card but defaulted on some kind of payment. Sorry this question was so long.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Immigration Issues and Marriage

    There may be a way to sort it out, but we can't tell you what it is if we have to guess about the details of his case. Tell him to consult an immigration lawyer.

  3. #3
    Join Date
    Mar 2009
    Location
    Las Vegas Nevada
    Posts
    8

    Default Re: Immigration Issues and Marriage

    thank you for replying, Mr. Knowitall (really (o,
    the thing is this; I have called and looked for immegration lawyers and they would usually ask for a 100- 250 consultation fee. Now I want to go and I wouldn't mind paying but I am really unfamilliar with the terminology and don't want to be mislead or given a more complicated answer than is neccaessary. I always seem to find more information after the work is done and find an alternate route that wouldn't have been disclosed.
    I mean really - I have visited the websites, attatched to some of the threads, here, for example, and it just doesn't make alot of sense. What is an I-9 or H-2? I think I will just visit the library and become more familiar first. Also I could most likely dig deeper on the net til I feel sure. Then probly repost something more, lol. Thank you again.

  4. #4
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Immigration Issues and Marriage

    A couple things that might help.

    A green card is the common name for the document that gives a person LEGAL PERMANENT RESIDENCY (LPR). With this Green card, a person is free to work in any job.
    Rules have changed, but from the time frame you indicated, the green card was probably valid for 10 years at which time he needed to renew. Maybe that is what you are talking about not having money to pay a feee. If so, he would have considered to have abandoned the LPR status and thus has NO status. If he is out of status, he is in danger of deportation.

    There is also a "WORK PERMIT" document that can be obtained for Foreign nationals based on certain types of Visa (H1B, work, F-1 Student...etc). There are specific rules for which jobs can be worked with this type of document, but it would also need renewal.

    First thing you need to find out is if he has a valid LPR status (Green Card). If yes, everything is fine and he can stay and work. You can get married at your convenience.

    If not, does he have a valid VISA status (Work, student, tourist) and is he in compliance with the rules associated with the VISA?? If yes, he can continue with that.

    If not, then he is basically out of status completely. If you do get married, you can sponsor him and he can adjust his status (provided he can prove legal entry into the US..usually an I-94 form) to LPR based on the marriage.

    You can check up on the process at the website below.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

    As far as the legal advice, it will help you greatly if you do read up on the processes as much as possible before seeing the lawyer. You can save a lot of time this way. Also, check with some of the local Hispanic community centers....they can sometimes direct you to some places that might be able to provide some simple legal advice to get you familiar with the process as well.

  5. #5
    Join Date
    Mar 2009
    Location
    Las Vegas Nevada
    Posts
    8

    Default Re: Immigration Issues and Marriage

    wow, very handy. Thank You very much. I appreciate your input. I read the post to him, and he says that we have documents in a folder. I will need to research what he has, typical, nothing is in order, but I can get down to it and find what is needed. Also - great idea about the hispanic community, there is one his mom goes to called the Mexican counsel. I appreciate it very much. Have a good one

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