I am a US citizen who married a Mexican that came illegally to the United states. What can I do to fix his status so he can get a job?
by 
Lupita
ANSWERS: 6
-
You cannot "fix" a crime already committed. He can sneak back to Mexico and wait in line like all the other law abiding Mexicans who deserve to be granted a visa.
-
I am in the same boat as you and I completely understand your point of view. Yes according to the law a crime was commited but in my opinion not a very serious one considering most americans are direct ascendants of immigrants whether that was legal or illegal at the time. I beleive you should be able to marry whom ever you choose and given the opportunity to correct the circumstances without the drama of having to sneak back over a border. I wish I had an answer but there are too many people with the attitude that you have expierenced already.
-
If the alien is illegal because he or she snuck into the United States without any visa or permit, than that person cannot "adjust status" and has to leave the country before obtaining a green card. If the person was illegally in the country for more than a year, than he or she is barred from ever coming back for 10 years (known as the "10-year-bar") The only way to overcome having the 10-year-bar is by the US citizen/green card holding spouse filing a petition for a waiver of the bar. The petition has to prove that it would cause extreme and exceptional hardship to him or her to move to his or her spouse's country. Only three years after the person has the green card can they apply for citizenship, and they must still be married to the original citizen who got the green card. My suggestion would be to consult with an immigration attorney.
-
He will have to go back to Mexico, and apply for a VISA. The marriage, may not even be legal, as he was not here legally, and did not go through the steps to have a legal marriage to a citizen. You have to go through INS. I once worked at a Mexican resteraunt, and one guy was wanting me to marry him to get his citizenship. You have to go through a lengthy process. I didn't do it, but its a long legal process.
-
My husband is also an here illegally. Immigration law changes often so I am not sure what papers can be filed although you can check on the INS website. We filed papers with INS back in 1999. Nine years later we have lost our second appeal and plan to appeal again. My husband is scheduled to be deported in Oct if we do not receive a stay of deportation. It often costs thousands of dollars and years to adjust status, but we have five kids, a home, and work so it is worth it to us to just keep trying. I wish you the best of luck.
-
He has to do it himself.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC