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Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

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21–30 of 46 posts

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#21
post #14

Marrying a citizen now will not help. You will still be out of status, and will not be allowed to adjust your status.

Not true. As long as you entered legally, even if you are out of status now, you can adjust your status if you marry a US citizen. Just another of the many ways immigration law makes no sense.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#22
I don't understand your situation. If you entered illegally, how can you overstay your visa? If you entered illegally, presumably you didn't have a visa.

But clearly this is something you should talk to a good lawyer about. If your current one isn't helpful, find a new one.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#23
post #20
post #5

you didn't mention the most important aspect of this story: your country of origin. things are very different for those from, for eg. australia vs being from, for eg. columbia sounds like you need to either pay somebody to marry you, or sneak out of the country and go to a third-nation, live there for a while and apply for residence via your parents from there could be possible that they don't know you were in the US…

Maybe it's because I'm Canadian, but I've never been checked on my way out of the US. My first thought on this was to enter Canada and go home from there (detouring around the US on your return flight). I've actually called US Customs and Immigration before to discuss visas and status. As you're not identifying yourself in the call, you might be able to get a feel for whether or not you would have trouble leaving the…

Being Swedish, I've always had to surrender my I-94 upon leaving, though that's always been by air (including at SFO). (And there's always a warning on it that says essentially that "if you fail to surrender the I-94 we will think that you've remained illegally".)

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#24
post #13

To those folks who keep saying "get married", a couple of questions, out of curiosity: A) Did you even read the entire post? He states his lawyer has already recommended that and he has already ruled it out. B) Do you realize this is a public forum and (assuming you are in the US) you can be potentially tracked down and theoretically charged for encouraging someone to break the law? ------ To the OP: I have tried to…

There is no amnesty, unless congress passes another amnesty act (fat chance, given the current climate). As someone said, the Dream Act would do what you are thinking, but that's not likely to pass either.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#25
post #24
post #13

To those folks who keep saying "get married", a couple of questions, out of curiosity: A) Did you even read the entire post? He states his lawyer has already recommended that and he has already ruled it out. B) Do you realize this is a public forum and (assuming you are in the US) you can be potentially tracked down and theoretically charged for encouraging someone to break the law? ------ To the OP: I have tried to…

There is no amnesty, unless congress passes another amnesty act (fat chance, given the current climate). As someone said, the Dream Act would do what you are thinking, but that's not likely to pass either.

I'm not so sure about that: My mother was given a "hardship exception" to immigrate here. And the googling I have done so far indicates that historically we tended to give amnesty to individuals rather than whole groups and this is what was different about the 1986 Amnesty Act (Immigration Reform and Control Act (IRCA)). So while there may be no wholesale amnesty available as an easy out, that doesn't mean there are no exceptions being made. If I were in this situation, I would be asking a) when and why they make such exceptions? and b) is there any hope I can get such an exception? If so, how?

So I think they do sometimes make exceptions, on an individual basis. That is the angle I would look into.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#26
Have you ever witnessed or reported a crime? There is a provision in the US immigration law that lets illegal immigrants to get legalized if that's the case.

Edit: or a victim of a crime. There was an investigative news story about this topic, in a la or a sf news paper about a month or so. I am searching for it.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#27
post #23
post #20

Earlier quoted context omitted.

Maybe it's because I'm Canadian, but I've never been checked on my way out of the US. My first thought on this was to enter Canada and go home from there (detouring around the US on your return flight). I've actually called US Customs and Immigration before to discuss visas and status. As you're not identifying yourself in the call, you might be able to get a feel for whether or not you would have trouble leaving the…

Being Swedish, I've always had to surrender my I-94 upon leaving, though that's always been by air (including at SFO). (And there's always a warning on it that says essentially that "if you fail to surrender the I-94 we will think that you've remained illegally".)

AFAIK, they don't take your I-94 if you're traveling to Canada or Mexico for under 30 days.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#28
post #21
post #14

Marrying a citizen now will not help. You will still be out of status, and will not be allowed to adjust your status.

Not true. As long as you entered legally, even if you are out of status now, you can adjust your status if you marry a US citizen. Just another of the many ways immigration law makes no sense.

I looked this up in Visajourney.com, and yes, you are correct. Also, leaving the US triggers the 10 year ban.

Re: Ask HN: How can I (illegal immigrant/programmer) get legal status in US?

#30
Once someone immediately related to you becomes a citizen, they can apply for your citizenship regardless of your immigration status. Do checkup on it in detail, I have a very strong hunch about it being correct.

If not that, talk to a better lawyer about asking your local senator to help you in gaining legal status and see if that helps. Or maybe apply for immigration through asylum due to the military requirement in home country?

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