Question for Nicole

[rmstafford]

I am a new member and did not think I would ever have questions about immigration, but here they are. My situation and history is this. My son (32) met and fell in love with a girl from El Salvador beginning of this year (2008). They were were married in August. She admitted to him, while they were dating, that she had come over to the States illegally. She was 15 at the time and turned 16 when she crossed the border. Her mother had left El Salvador when she and her sisters were very small. All she could think about is wanting to see her mother and did not know any of the immigration laws. She came via bus to Mexico, did a lot of walking and swam the Rio Grande. Her mother appearantly paid some alian smuggler some money to bring her over but was abandoned as soon as they arrived in Mexico. When she arrived in Brownsville, Texas she was apprehended by Border Patrol, had a hearing by immigration and was released into the custody of her mother (she has a green card) with the stipulation that she was to attend school, report on a monthly basis via phone to INS and go back to El Salvador when she graduated. Then she met my son (please don't think bad about the age difference). They love each other very much. I did a lot of inquiring about the laws but one thing I was not able to verify is this. If she returns before here 365th say after her 18th birthday, she will be penalized with the 3 year ban. Now that she is married to my son, he is filing the I-130. Will INS approve an I-130 even though she was here illegal but left voluntary. We kept in touch with INS during this whole mess and they gave us the encouragement that what my son and his wife were doing was the right thing. Is there any hope for the both of them? I don't believe in attorneys due to the fact that I had to file an application for my oldest son to get his certificate of citizenship, went to an attorney and was charged $850 for filing the application only. I did all the work and she collected the money. There are a lot of them out there that will take everything they can from you. Sorry, but that left a bitter taste in my mouth.

Nicole, if you can help me with this, I would really appreciate your assistance. This might help somebody else who is in the same shoes as my sons'. This forum is great by the way since INS seems to be too busy to answer your questions. Thank you very much.

[nichole]

I haven't been on this forum in ages. My fiance has entered the country, we have married, and filed for AOS in the last couple of weeks. Whew. I sent you a Private Message. If you don't know where that is, look in the upper right corner of the page.

[PraetorianXI]

1.- She entered the USA illegally so she can not adjust her status (because she does not have one). Even if the I-130 is approved she could not receive a GC while here in the USA. She would have to leave.

2.- As far as leaving goes, she will not accrue any illegal presence until she turns 18. Once that happens she has 180 days to leave before accruing enough illegal presence for a 3 year bar.

3.- So this kid is 17-18 years old and his marrying your 32 year old pedophiliac son? WHAT THE HECK IS WRONG WITH YOU PEOPLE?!

4.- USCIS and the consulate abroad will TEAR this case APART at the interviews...

[rmstafford]

You don't know your facts

Just to let you know that your information about the ban is incorrect. If she leaves within 364 days after her 18th birthday, she gets the 3-year ban. Anything under the 180 days is not counted against her. She left voluntarily to have my son do the required paperwork to make her legal.

Now, as to you other statements about my son. You do not know him, so how can you judge him? There is only one entity that can judge and you know who that is. I will say this, my son and his wife love each other very much and who are you to say he is a pedophiliac? Have you met him, do you know what is personality, financial or mental status is? I was the first to doubt this relationship, but after everything was said and done, they are very good for each other. After all, she picked him!!!!!!

You must be in a perfect life and doing everything right that you have no room for exceptions. Have a blessed day.

1.- She entered the USA illegally so she can not adjust her status (because she does not have one). Even if the I-130 is approved she could not receive a GC while here in the USA. She would have to leave.

2.- As far as leaving goes, she will not accrue any illegal presence until she turns 18. Once that happens she has 180 days to leave before accruing enough illegal presence for a 3 year bar.

3.- So this kid is 17-18 years old and his marrying your 32 year old pedophiliac son? WHAT THE HECK IS WRONG WITH YOU PEOPLE?!

4.- USCIS and the consulate abroad will TEAR this case APART at the interviews...

[PraetorianXI]

You need to get your facts straight. An underage illegally present alien starts accumulating illegal presence the day of their 18th birthday.

There are 2 bars/bans, one for 3 years and one for 10 years, the only difference in applying them as to do with the amount of illegal presence. 180 days for the first, 365 for the second.

As far as me judging your son... No I do not know him... but I can say that you (the mother) and your opinion may be a LITTLE biased? he probably is the perfect child in YOUR eyes.

But in my book there are 3 things involved: (1) a 17/18 year old kid from a different culture has no clue about life an marriage (2) a 32 year old man who wants to marry a child, has some serious issues (3) she picked him? she is a child, whose mom lives in the USA, but she can't unless she gets a Green Card... she picked the GC!

[rmstafford]

You seem to be a person who likes to point out short comings in people and making them feel bad about themselves. I would be waisting my time trying to justify anything to you. So, thank you for your opionion and God Bless you.

You need to get your facts straight. An underage illegally present alien starts accumulating illegal presence the day of their 18th birthday.

There are 2 bars/bans, one for 3 years and one for 10 years, the only difference in applying them as to do with the amount of illegal presence. 180 days for the first, 365 for the second.

As far as me judging your son... No I do not know him... but I can say that you (the mother) and your opinion may be a LITTLE biased? he probably is the perfect child in YOUR eyes.

But in my book there are 3 things involved: (1) a 17/18 year old kid from a different culture has no clue about life an marriage (2) a 32 year old man who wants to marry a child, has some serious issues (3) she picked him? she is a child, whose mom lives in the USA, but she can't unless she gets a Green Card... she picked the GC!

[PraetorianXI]

You seem to be a person who likes to point out short comings in people and making them feel bad about themselves. I would be waisting my time trying to justify anything to you. So, thank you for your opionion and God Bless you.

Sure, whatever suits you, but the Visa Officer will have fun with this case... you people are out of your mind!