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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94386
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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im dating a man from honduras. he is illegal. has been ...

Resolved Question:

im dating a man from honduras. he is illegal. has been in the us for a year approx. what is our best course of action if we are wanting to marry. i have a son who cares for this man deeply and could possibly be pregnant.
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

IF he came in with a visa and then overstayed, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for travel permit), G-325a (Biographic data - one for each of you), I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov.

HOWEVER, if he entered without a visa and/or was not inspected by an immigration officer, then he will not be able to become a resident inside the U.S. (meaning that he came in illegally)

If you are a U.S. Citizen, you could get married and he could file an I-130 here in the U.S. (which will give him no legal status), but once that I-130 is approved, really the only thing he can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in his home country as the spouse of a U.S. Citizen. At that point, they will want to deny him because he entered illegally and stayed. So he would have to apply for an I-601 waiver (forgiveness) and to get this waiver he will have to prove that you will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because your hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.


You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

The only other options because he hasn't been here long would be to wait for a new law that would help him (maybe next year), or apply for political asylum, but I don't think he has much of a chance coming from Honduras.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94386
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Reply to Guillermo J. Senmartin, Esq.'s Post: SO THERE ARE NEVER ANY PARDONS OR ANY WAY TO DO THIS WITHOUT HIM LEAVING THE COUNTRY...HOW CONFIDENT ARE YOU THAT THERE WILL BE A LAW WHICH MIGHT HELP HIM. WILL I SUFFER ANY REPERCUSSIONS FOR LIVING WITH HIM?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

There used to be 245(i) that allowed persons to adjust status in the U.S. as long as they had an I-130, I-140 or Labor Certification filed for them before April 30, 2001 and they paid $1000. However, after September 11th, this was never renewed or extended.

So the way things stand right now, there is nothing that can help.

I'm pretty confident SOMETHING positive is going to come out next year. But I cannot say if it will be enough to help him.

And no, you will not suffer any repercussions for living with him as long as you don't take any active steps to hide him, for example, by lying to an immigration officer that asks you about him. You can say that you aren't sure or that you don't remember, but don't outright lie.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94386
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
should he leave the us and enter legally? im not sure if he has left a paper trail. should i file the i-130 in case a new law comes up?
fiance visa? i really dont know what to do. should we wait it out...
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

This is VERY risky because you are taking a chance that they might know about him. Also, he would have to lie on his applications when asked if he has ever been in the U.S. and lying is also VERY bad when it comes to immigration law. So it's a double risk because if they find out later, even if he becomes a U.S. Citizen years from now, they can strip him of it.

So it is a big risk and he may not be able to come back in for 10 years.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94386
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Reply to Guillermo J. Senmartin, Esq.'s Post: ok so down to the nitty gritty...what would you do in my zapatos? should we wait for a new law? should we file paperwork? should we ride it out? AAAAAAAAAAAH!
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Wait for the new law. This is safest and easiest. Once you run out of patience or if the new law doesn't help you, IF you still want to marry him, you do so and file the I-130 then have him leave the U.S. and file for the I-601 waiver. This is the only correct way of doing it. It is also risky because as I said, there is a good chance he will not be able to come back for 10 years.
Customer: replied 5 years ago.
what are some valid cases for approval of I-601, i mean what are some good reasons why it would be approved? s there anything i can do if im not his spouse but just a fiance or girlfriend..sorry so many questions...the course of true love never did run smooth.

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