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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4754
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have a friend who has been in the united states 1/2

Customer Question

I have a friend who has been in the united states for 9 1/2 years with his wife they have a daughter that was born here in the states she is 3 years old. they illegal and do not have any fake papers and have had no run ins with the law etc. what advice should I give them. they are originally from Gautemala.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello, my name is ***** ***** I will be the attorney helping them today. First, You can advise them to continue having no run ins with the law. That is the most important thing . Committing a crime is the most common way to be found here by immigration when someone is illegal. Depending on what the crime is, they can also be barred from applying from anything new in the future. Unfortunately, as they may know, right now there is nothing that they can actively pursue for their green card or work authorication in their circumstances. The policy that Obama spoke about last year DAPA, would have given them a work permit but that policy is being litigated and did not take effect. We are not sure if it will ever be put into action. The good news is that if they continue with a clean record, right now ICE (immigration) has strict instructions to not seek out for deportation anyone who does not have a criminal history. People like your friend and his family are very low priority on the list of people that immigration wants to deport. Therefore, they should not be bothered by immigration. You can also advise them to file income taxes every year. This is going to be helpful fin the future in case they ever can file for anything new. Just for your knowledge, if ICE ever placed them in deportation court proceedings (which like I said, they are not doing now to people like them), they would likely not get an order of deportation anyway due to their clean background, many years here, good moral character and Us citizen child. If they were ever in court trying to be deported, they would be eligible to apply for what is called Cancellation of Removal. This is an avenue for a green card but can only be applied for if they are in court deportation proceedings. To have a better chance at winning, they would have to show they have been here 10 years (they need proof for every year they're been here so they can collect that since now) and that they have had good moral character (filing taxes, volunteering, attending church) and that they have a US citizen child. I don't recommend seeking to be put into court just to do this because it is not a guaranteed win.Good luck to you during this process and I hope this answer has helped you!Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification instead of leaving a negative rating. A negative rating does not help you or me. Your satisfaction is my goal. Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello again-
I see that you were able to view my answer yesterday but did not reply or leave a rating. Is there something I can clarify for you?
Please don't hesitate to ask. If not, kindly please remember to leave a rating.

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