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I am married to a man from Jordan and he got his PR through…

I am married to...

I am married to a man from Jordan and he got his PR through me. we have been apart for 9 months and are in the middle of custody and divorce proceedings. Would I be able to sponsor a friend, who is undocumented?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

None

Lawyer's Assistant: Have you talked to a lawyer about this?

Can't find any that doesn't charge a zillion dollars

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Answered in 4 minutes by:
3/20/2018
socrateaser
socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 39,754
Experience: Retired
Verified

Hello,

The fact that you have signed an "affidavit of support " (form I-864) for one person doe snot prevent you from sponsoring someone else. However, USCIS/DHS will likely inquire into your ability to actually provide support for an additional person before accepting your second affidavit of support.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 1 month ago
How do I go about doing this?

This link from USCIS provides instructions for various types of sponsorship. Note that some immigrants cannot be sponsored, regardless of your ability to pay. In particular, a person who is unlawfully present within the territorial boundaries of the United States cannot be sponsored, unless that person first returns to their nation of origin, or obtains status as a refugee (asylum status).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 1 month ago
he is undocumented. But a lawyer told him he could get PR if he married a US citizen and traveled back home for 3 months. is this not true?
Customer reply replied 1 month ago
He has been working and paying taxes for 10 years as well.
Customer reply replied 1 month ago
I am only asking because if for some reason I can't help him, he can marry his Long term GF. But I don't know if she meets the income requirements. so confusing.

Due to the current Trump Administration's extremely "hard line" against immigrant visas for undocumented individuals who have overstayed their visa in the USA, DHS has severely restricted marriage visas where the person has been present unlawfully in the USA prior to marriage. In my experience, returning home would have to occur first, then application for a fiance visa, followed by an investigation, and then return to the USA for marriage. This process could take 9-12 months, and there is no guarantee that the individual will be permitted to return to the USA.

If the other lawyer who advised your friend told him differently, then I would ask that lawyer to "Please cite the legal authority in support of your assertion that an undocumented alien who is presently within the territorial boundaries of the USA may marry a U.S. Citizen, return to their nation of origin and return to the USA as a conditional resident in 90 days."

I believe that the lawyer will be unable to provide any competent authority for this assertion. But, if he/she can do so, then the only way to know is to ask.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 1 month ago
Well what if he never had an VISA. Came here when he was 19? I am not sure how, but it was not legally. What then? I mean he has been paying into SS and everything, Is there no way for him to get PR?
Customer reply replied 1 month ago
or at least a way for him to not lose everything he has worked for and still be able to go home to see his family?

Based on my understanding of current U.S. law and regulation, there is no circumstance under which a person who came to the USA at age 19 (as an adult) could possibly qualify for permanent residency without returning to their nation of origin petitioning for a visa and waiting, potentially up to 10 years or more.

If the current Presidential administration changes and a new government takes a more liberal position on immigration law, then the current laws could be favorably changed. But, as of today, my opinion, is that your friend's only recourse is to stay "in the shadows," if he wants to remain in the USA.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Customer reply replied 1 month ago
you are specialized in this kind of thing, right? I just am wanting to make sure I replay correct information back. I appreciate your patience

I am conversant with U.S. immigrations law -- however I am not a "specialist."

The term, "specialist" is reserved for certain lawyers in only a few jurisdictions, who have passed additional board examinations and proved experience in immigration matters. No attorney who is not a "certified specialist" may claim otherwise, without violating the attorney rules of professional conduct.

To my knowledge, and I have been answering questions at Justanswer for nearly 10 years, no one who has ever answered questions in this forum has ever been a certified specialist in immigration law. Nevertheless, thousands of customers have received assistance in this forum from persons such as myself.

I hope this better clarifies my status.

Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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Customer reply replied 1 month ago
thank you. how do I save this conversation?

If you provide a 5-star rating for my services, then the system will unlock and you can print the entire conversation.

socrateaser
socrateaser, Lawyer
Category: Immigration Law
Satisfied Customers: 39,754
Experience: Retired
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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