OK. There is really no simple or easy answer to this question as the answer depends upon several different factors. First of all, how long ago was your loved one deported and for how long were they deported for? Another factor is, if your illegal love is currently in theU.S. during their active deportation ( example: my husband was given a 10 year deportation in Oct. 04, and by Jan. 05 was back in the country illegally, obviously within the restricted 10 years) and can in some way be tracked and proved in any way such as a traffic ticket, record of them working, getting married, etc. they will automatically be given a reinstatement of their current deportation with a general penalty of 5-10 more years tacked on. If your illegal love is currently in the USA I would recommend living very cautiously. DO NOT let some money-hungry immigration lawyer convince you that for x-amount of thousands of dollars your loved one can stay here. It's a lie. Let me tell you about my situation. I met my now husband in '03, he was deported for 10 years in '04 and came back within a month. We continued to live here in the states together until '06 when we went to his hometown and married. (One of the above-mentioned money-suckers actually told us that this is what we should do) I lived with him in Mexico for 6 months and then came home alone, to presumably get everything in order to bring home my husband. Yeah right. So now here comes the fun-pretty much the onlyway for anyone with a deportation to be considered for a visa is to be given a pardon for the deportation. Now, from what I understand from the SEVERAL immigration attorneys that I have been through, there really are no guidelines as to who actually gets pardoned and who doesn't. The only requisite states that the citizen must prove "extreme hardship" as a direct result of the absence of the deported spouse. However, the definition of "extreme hardship" has been yet to be known by any moron attorney. From what one of the more compassionate lawyers I came across explained to me usually the only cases that get granted involve the couple having a gravely ill child. Generally, this pardon is rarely granted and any decent attorney should tell you that instead of giving you false hope and taking your money. My advice is that if your loved one is already here, live as low-key as possible until the deportation time is served, and if by the grace of God you guys make it all the way through without it being documented that they were here during that time, then go to their country of origin and get married or go to a lawyer and pretend that they have been in their country this entire time and ask for a fiancÃ© visa. When it comes time for their immigration interview they will have to return to their country with the risk of still being denied for the visa. Unfortunately until there is a change in our immigration processes the only other thing left to do is pray every moment of every day for some sort of decent immigration reform that will allow all of our broken families to live together in peace once and for all. But I am not holding my breath. By the way, in our case, after lots of money and many denials for the pardon, he reentered illegally and we were fine until Dec. '08 when he was the victim of a horrible armed carjacking/kidnapping, and unbelievably due to the horrendously racist part of the USA that we live in, my husband was taken to jail with his aggressor. (My husband was arrested simply for his illegal status) With the new twist that my husband was the victim of a violent crime and aided in the prosecution of the case against his attacker, yet another immigration attorney appeared with promises of visas and citizenship. $7,000 and 6 months later, my husband was back in Mexico with the reinstatement of his prior deportation and an extra 10 years for being in the USA during the original 10 year timeframe. Now he's there and I'm here. What now? It's too dangerous over there right now to even think us living down there. We're stuck. So as far as I can tell, under the current, very difficult policies and regulations, there is a VERY slim chance of you being able to get your loved one any kind of permission to legally be here in the USA with you until their deportation is over.
No, there is not. An illegal immigrant that is entry without inspection (EWI) cannot adjust his status in the US. And if the illegal immigrant leaves the country, then he is automatically barred from entry for either 3 or 10 years, based on how long he has been in the country illegally (either a year or less vs. more than a year). If he stays in the country and is deported, that can be a permanent bar to re-entry. There are several options: 1) hope that Congress passes legislation that forgives illegal status- NOT likely; 2) give him/herself up to ICE and attempt a cancellation of removal by arguing extreme hardship to a US citizen spouse, parent, or child- difficult to achieve (and you MUST already be married; a hardship to boy/girlfriend doesn't count) and if the cancellation fails, the immigrant will be deported; 3) illegal immigrant must leave the U.S. and file a I-601 waiver with the U.S. consulate/embassy in their home country (of course you need to be married for this option as well)- this standard is even more difficult, even though it uses the words extreme hardship, than option number 2. If a person is unable to show hardship in option number 2, then it will be even more difficult in option number 3. The danger is if the waiver is denied, the immigrant stays there and cannot return to the U.S.
If the illegal is illegal ONLY through an overstay (meaning entry into the U.S. was legal), then the immigrant can apply for a green card (legal permanent resident) NOT citizenship. Note than this wouldn't apply for someone that entered under a K-4 visa or J-1 visa (if 2 year home residency requirement isn't met, although waivers MAY be possible under this visa) If the illegal ENTERED the country illegally, then marriage to a U.S. citizen WILL NOT help in getting a green card. The illegal could still be subject to arrest and deportation by the USCIS. In order to get a green card, the illegal would have to travel and apply for a hardship waiver (I-601) in their native country, and hope it is approved (such waivers are hard to get and therefore rarely granted)
:According to INS if she is illegal she will have to leave the country along with her kids. There is nothing you can do. Helping her stay after a divorce is illegal for you. She will have to submit proof of hardship and try to obtain a perm. residence on her own after the divorce. If you want to help her simply pay the filing costs.Edit: Unless the kids are citizens.. be that I mean YOU are a natural born citizen and they were born here as well. If so she can easily stay here with her kids after SHE filed the petition on her OWN behalf. OR you both can file a petition now before a divorce and get her legalized based on the fact she has kids here... which could meet the test of hardship if she had to leave the country for proceedings. Really depends on how long she has been her illegally. If over a year illegal she faces a 10 year ban law which means she cannot reenter for 10 years. There is a waiver for this though, the hardship waiver.
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