NationStates Jolt Archive

Alright, it's a cheesy title. I know. My co-worker sees me on NS all the time and saw me put forth my child support question so she asked me to feel around for some responses to a problem she has. I figured that, with all the conversations regarding illegal immigrants around here lately, I'd give it a shot.

Her boyfriend is an illegal immigrant currently residing in the US and she is a US citizen. They just recently had a baby together (I think the baby is five months old now). He wants to become a US citizen, but has a few problems. I don't know all of the details, but I do know that he has a criminal record. Some driving without a license and one shoplifting, I guess. Apparently, from what I've heard, this prevents him from ever being considered for citizenship.

So, for anybody who has become well-versed in what it takes to become a "non-illegal", is there any way for him to be able to stay in the states and take care of his family?

I tink there is, but it probably involves waiting for all the NON-criminal illegal immigrants to get taken care of first. This is a shade away from hopeless.

Alright, it's a cheesy title. I know. My co-worker sees me on NS all the time and saw me put forth my child support question so she asked me to feel around for some responses to a problem she has. I figured that, with all the conversations regarding illegal immigrants around here lately, I'd give it a shot.

Her boyfriend is an illegal immigrant currently residing in the US and she is a US citizen. They just recently had a baby together (I think the baby is five months old now). He wants to become a US citizen, but has a few problems. I don't know all of the details, but I do know that he has a criminal record. Some driving without a license and one shoplifting, I guess. Apparently, from what I've heard, this prevents him from ever being considered for citizenship.

So, for anybody who has become well-versed in what it takes to become a "non-illegal", is there any way for him to be able to stay in the states and take care of his family?Marriage is a good way... but you need to prove that the marriage is because of love and not to "make him a citizen" and those are tough. (make sure they are prepared to be closely watched and tested on each other's habits.) It will be a long hard road but possible.

Meanwhile see if he can get a work visa or something. best thing to do is check with immigration.

I tink there is, but it probably involves waiting for all the NON-criminal illegal immigrants to get taken care of first. This is a shade away from hopeless.
All illegal immigrants are dangerous criminals that make Lex Luthor look like a Teddy bear, don't you watch the news? :rolleyes:

I think the child they have will help in proving that this is not a "convenience marriage".

I think that he will be kicked out...more so because hes a illegal criminal, but the baby and mom (obviously) will stay.

Yeah, it's not a good time to be testing to auto-greencard marriage idea.

I tink there is, but it probably involves waiting for all the NON-criminal illegal immigrants to get taken care of first. This is a shade away from hopeless.

Ahh, yes... because good ol' US citizen criminals don't exist. None of us everdid something stupid in our youth that we might later regret. After all we're HUMANS and nobody else could possibly compare to our level of HUMANITY!!! Spat on those Mexican animals! Yay for America! next... :rolleyes:

Ahh, yes... because good ol' US citizen criminals don't exist. None of us everdid something stupid in our youth that we might later regret. After all we're HUMANS and nobody else could possibly compare to our level of HUMANITY!!! Spat on those Mexican animals! Yay for America! next... :rolleyes:

It's always preferable to make criminals citizens. Shoplifters especially. They turn out better. Ban all non criminals from citizenship I say. They arent interesting enough. Character flaws are endearing and desperately needed here.

Marriage is a good way... but you need to prove that the marriage is because of love and not to "make him a citizen" and those are tough. (make sure they are prepared to be closely watched and tested on each other's habits.) It will be a long hard road but possible.

Meanwhile see if he can get a work visa or something. best thing to do is check with immigration.

They will still deport you if you an illegal and if you are married to a citizen there is no auto-in marriage clause anymore, you can get finacee Visa's but the other person has to be in their home country first.. I know, I looked into this extensively having a Finacee outside of the US....

Ahh, yes... because good ol' US citizen criminals don't exist. None of us everdid something stupid in our youth that we might later regret. After all we're HUMANS and nobody else could possibly compare to our level of HUMANITY!!! Spat on those Mexican animals! Yay for America! next... :rolleyes:

Well given the huge backlog in green card processing (6 years now) one can make a case that law-abiding applicants should get preference over applicants with criminal record, no?

I myself am undecided whether to apply in the US or not, because of the backlog.

Ahh, yes... because good ol' US citizen criminals don't exist. None of us everdid something stupid in our youth that we might later regret. After all we're HUMANS and nobody else could possibly compare to our level of HUMANITY!!! Spat on those Mexican animals! Yay for America! next... :rolleyes:

This is a border dispute, not really a racial issue. If some Englishman commited some crimes and tried to stay in the States I'd recommend the same treatment. And one of the ideas of criminal justice is to put the innocent before the guilty, right? What if some fellow wants to enter the country legally, shouldn't he have first dibs? And then of the illegal immigrants, who would you think most deserves admittance, the one who's got a record or the clean ones? Consequences of actions.

I don't know all of the details, but I do know that he has a criminal record. Some driving without a license and one shoplifting, I guess. Apparently, from what I've heard, this prevents him from ever being considered for citizenship.

I am now a bit confused. AFAIK, if he is here illegally then he won't be having SSN, so how the hell did the authorities (police and judge etc) not make the connection that he is illegal?

Could it be that he is evading arrest and he has a warrant on him? In that case, I think the law would be unforgiving....and it would be very tough for him to make his status legal once he goes to authorities..

I am now a bit confused. AFAIK, if he is here illegally then he won't be having SSN, so how the hell did the authorities (police and judge etc) not make the connection that he is illegal?

Could it be that he is evading arrest and he has a warrant on him? In that case, I think the law would be unforgiving....and it would be very tough for him to make his status legal once he goes to authorities..


I have no idea. He's already here, has been to court and has not been deported. Your guess is as good as mine. I'll have to ask her.

This is a border dispute, not really a racial issue. If some Englishman commited some crimes and tried to stay in the States I'd recommend the same treatment. And one of the ideas of criminal justice is to put the innocent before the guilty, right? What if some fellow wants to enter the country legally, shouldn't he have first dibs? And then of the illegal immigrants, who would you think most deserves admittance, the one who's got a record or the clean ones? Consequences of actions.

Perhaps my response was extreme -headaches have a truly bizarre effect on me- so I apologize for that. Consider the fact that he is already in the United States, however illegally, and has a family. Both his girlfriend and his son are citizens, but he is not. He is not a deadbeat dad and is taking responsibility for his family.

I understand that a past "criminal" record makes one raise an eyebrow, but consider how much more damage it could cause to the child if he is deported and unable to take care of his family. If he were able to become a citizen, he would be able to get a license and would no longer be commiting the crime+
of driving without a license. As far as the shoplifting goes, I am under the impression that it happened once when he was much younger, and although that doesn't make it better, people do grow up and learn from past mistakes.

They will still deport you if you an illegal and if you are married to a citizen there is no auto-in marriage clause anymore, you can get finacee Visa's but the other person has to be in their home country first.. I know, I looked into this extensively having a Finacee outside of the US....

Alright, this is exactly what she has been told, so she wants me to talk to you. I really hate being stuck in the middle, but I agreed to do this. So, even though they have a baby together, it doesn't make a difference. There's no other way around that?

She contacted wedding chapels that said they could get married and all he needs is his birth certificate. Does that mean their marriage would be void? Will it help whatsoever with expediting the process? Does the criminal backround make this impossible? She says that she wants to know if her marriage is even going to "count" or be legal.

I tink there is, but it probably involves waiting for all the NON-criminal illegal immigrants to get taken care of first. This is a shade away from hopeless.

i fear your correct.

i may come across as a xenphobic person,which i am not...but the fact of the matter is...fair or unfair..there is millions of people trying to come here that have "clean" records.

we are having a major problem with crimes commited by illegal gang people,and the only logical way to stop it is to screen for crimminals(unfair for the shoplifter...absolutely) but how else do we protect our citizens and soveirnty?

my grandpa would have never been allowed into this country if he had disclosed his record...but alas...back then they did not have instant id and interpol etc...(he was a bone breaker for the mob back in his country,and came here to escape justice t home..so i can symphathise)


unfair ..yes...another solution..i am all ears.

Yeah, but the law does not reognize appeals for emotion. I feel sorry for the girl. But I think he would get deported for being out of status. Earlier there used to be exceptions for refugees (like that case of Afghans hijaking a plane and flying into UK - they are now given refugee status), but even those are tightened after incidents of abuse of that status.

Is it possible for him to go out of the country and come back in with a valid VISA status and then get married and then apply for permanent residence ? That could be an option for him to explore.....but I guess he runs the risk of being caught because I am sure he must have been fingerprinted when he was arrested and these days, they run that checking in port of entry...

Yeah, but the law does not reognize appeals for emotion. I feel sorry for the girl. But I think he would get deported for being out of status. Earlier there used to be exceptions for refugees (like that case of Afghans hijaking a plane and flying into UK - they are now given refugee status), but even those are tightened after incidents of abuse of that status.

Is it possible for him to go out of the country and come back in with a valid VISA status and then get married and then apply for permanent residence ? That could be an option for him to explore.....but I guess he runs the risk of being caught because I am sure he must have been fingerprinted when he was arrested and these days, they run that checking in port of entry...

That's a good question. I know that he's currently doing community service for the driving without a license bit. How on earth they haven't figured him out already makes me wonder. That' something I am in the dark about. :confused:

She contacted wedding chapels that said they could get married and all he needs is his birth certificate. Does that mean their marriage would be void? Will it help whatsoever with expediting the process? Does the criminal backround make this impossible? She says that she wants to know if her marriage is even going to "count" or be legal.


The marriage would be legal, but his status would still be illegal. The minute the authorities come to know of his illegal status, they are required to apprehend him and deport him...unless he can show that he has filed in an application which has not yet been decided yet...I am not sure of what the law is in those cases...all I know is that even there it has been tightened so that the person with illegal status is required to go outside the country and come back in if the case has been decided favorable.

OK... I've got details to add that confuse the crap out of me and her, but this is how he's managed to get by so far. When dealing with the law, he changes his middle name, he has a social security number with that name and a false birthday. He's been using this same name for years, but nobody has caught on apparently.

I'm not saying I personally agree with this or support this, but this is how he currently manages to get by.

OK... I've got details to add that confuse the crap out of me and her, but this is how he's managed to get by so far. When dealing with the law, he changes his middle name, he has a social security number with that name and a false birthday. He's been using this same name for years, but nobody has caught on apparently.

I'm not saying I personally agree with this or support this, but this is how he currently manages to get by.

all i can say is he is sitting there waiting for the other shoe to drop,sucks for him.
i can relate,but i wont get into it here,but sooner then later,he will be grabbed,and she will also be in a bit of trouble if they can show she knew of his illegal status.

his best bet would be to finish his community service,apply for whatever asylum is available for the country he hails from,hire a good lawyer to show he is not in fact a crimminal but only commited misdeameanors...if he falsifys his id..thats a felony and he can say goodbye permantently...

my advice would be for him to finish in good standing his commitment to the community service,and hire a good lawyer,but i am afraid he is allready screwed for falsefying his id.

and if he is from a country like afganistan or anywere from the middle east...he is screwed if he has used false id,mexico he may be able to sneak through..ie..they dont pounce on them,but if he is from anywhere in the middle east/pakistan..etc....
he would be well advised to get the f out of here pronto...unless he wants to spend some time in gitmo

or at least go to canada.

OK... I've got details to add that confuse the crap out of me and her, but this is how he's managed to get by so far. When dealing with the law, he changes his middle name, he has a social security number with that name and a false birthday. He's been using this same name for years, but nobody has caught on apparently.

I'm not saying I personally agree with this or support this, but this is how he currently manages to get by.

I am confused more. AFAIK, a non-US citizen cannot get social security # without showing proof of valid status. Did he come in legally and then became illegal (or "out of status" as it is called) or is he simply using somebody else's name and number:eek:

I am pretty positive that you cannot get SSN unless you are legal at the time of application. It is like 3-4 years since I have been here in the US. Maybe it was more lax earlier, I dunno.

You're right, the title is cheesy.

but i am afraid he is allready screwed for falsefying his id.

True. He is just getting into deeper and deeper crap and I cannot think of a legal way of helping him and I obviously cannot give suggestions that are against the law. I do feel sorry for the family and I think a good lawyer can make a humanitarian case out him and argue on that basis. He needs professional help.

he will have to leave the country in order to come back in legally. it takes time, time that seperates him from his new child.

he needs to talk to an immigration lawyer of course, but this is what im thinking

1) if he is using a name that isnt HIS, he may be able to come into the country on his real name and the authorities would never know that he has these rather minor offenses on his record. risky.

2) my nephew had some brushes with the law in his wayward youth. when he straightened up and needed a clean record he contacted the attny general of the state he had the offenses in and worked to get his record expunged. his offenses were on a similar level to driving without a license and shoplifting. its something to look into

theres no good substitute for talking to an immigration lawyer. they know all the ins and outs and how long he can expect to be seperated from his family if he wants to come in legally as the spouse of an american citizen.

1) if he is using a name that isnt HIS, he may be able to come into the country on his real name and the authorities would never know that he has these rather minor offenses on his record. risky.

The problem would be the fingerprinting while entry. I am sure he was fingerprinted while he was arrested earlier for his offences.

2) my nephew had some brushes with the law in his wayward youth. when he straightened up and needed a clean record he contacted the attny general of the state he had the offenses in and worked to get his record expunged. his offenses were on a similar level to driving without a license and shoplifting. its something to look into

That works if he is in legal status. The problem is that he is already in illegal status. Even for lawful in-status immigrants like me, a criminal offense (other than driving offences) would seriously harm any petition I make.

Here's another idea. Maybe he can go out of country and she goes too and they get married in his home country and then he can apply for permanent residency or come in on a dependant VISA or something...

Marriage is a good way... but you need to prove that the marriage is because of love and not to "make him a citizen" and those are tough. (make sure they are prepared to be closely watched and tested on each other's habits.) It will be a long hard road but possible.

.

Believe it or not the immigration process for a spouse is fairly easy. They already have a kid together. That in itself is proof enough. My question is for the illegal. Why the heck would you compile a criminal record in a country you want to immigrate to? Doesn't make sense.

Ahh, yes... because good ol' US citizen criminals don't exist. None of us everdid something stupid in our youth that we might later regret. After all we're HUMANS and nobody else could possibly compare to our level of HUMANITY!!! Spat on those Mexican animals! Yay for America! next... :rolleyes:

Why do you ask a question, then rail against the answers given?
If you already had an idea of the kind of answer you wanted you could have just posted it yourself.

If your buddy can leave and then return on a visa waiver as "himself":

Then your friends can get married then she needs to fill out a I 130 - petition for support of an alien relative, he needs to file a I 485 - application to register permanent status or adjust status.

There are lots of immigrant organisations that provide advice and help
http://www.usairish.org/Chicago.htm for example

Why do you ask a question, then rail against the answers given?
If you already had an idea of the kind of answer you wanted you could have just posted it yourself.

I apologized. I think I'm bipolar. A tick got under my skin and I blew up quite unreasonably. I'll be the first to admit when I react in an assinine manner.