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

#1

Post by trumbo » Mon, Apr 25, 2011, 12:06 AM UTC

I have been a Javascript/Ruby on Rails programmer for 7 years. Living in the US for 15 years. I came here with my parents illegally, and went through high school, then college. My parents became citizens recently. However, they cannot sponsor me for a green card due to this: to pick up my green card, I would have to leave the country, but since I overstayed my visa I would not be allowed in for 10 years.

Not having legal status was not a barrier to working here for the last 7 years using only a tax id number, but that changed recently. This realization comes at a hard time for me. I am co-founding a company that is on the verge of getting funding, but we likely will not net the $250K that is precondition of the Startup Visa Act. I desperately want to stay in the country I grew up, but my capital is almost gone. Yet I can't go back either due to not having done the mandatory military service at my country of origin. It's a bizarre, Kafkaesque, nightmarish situation.

My lawyer has not been helpful, and has only recommended that I get married to an American citizen, which is not possible with my meager interpersonal resources.

I don't know why I'm posting here, but I'm pretty much hopeless so why the hell not. If anyone can offer some help, advice or a kind word it would mean a lot.

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

#2

Post by amourgh » Mon, Apr 25, 2011, 12:15 AM UTC

You can do a "gray" Marriage=pay someone to marry you for a year or two untill you get your card and you can choose to divorce or continue with the person(like a contract).

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

#3

Post by HelloBeautiful » Mon, Apr 25, 2011, 12:28 AM UTC

If you're in a state that allows gay marriage and have a non-married co-founder with citizenship ...

I'd just keep talking with immigration layers, until someone gives me a way out.

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

#4

Post by hugh3 » Mon, Apr 25, 2011, 12:32 AM UTC

I desperately want to stay in the country I grew up, but my capital is almost gone. Yet I can't go back either due to not having done the mandatory military service at my country of origin.

Can't you go to a third country?

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

#5

Post by nikcub » Mon, Apr 25, 2011, 12:39 AM UTC

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 USA. SFO is one of the only airports where they don't check internationals on the way out.

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

#6

Post by Anechoic » Mon, Apr 25, 2011, 12:45 AM UTC

amourgh wrote: post #2

You can do a "gray" Marriage=pay someone to marry you for a year or two untill you get your card and you can choose to divorce or continue with the person(like a contract).

My brother married a woman from South America (legitimately out of love). When she applied for citizenship, both she and my brother were required to sign forms (under pains and penalties of perjury) that the marriage was kosher, BCIS required references from friends and family (again, under pains and penalties of perjury) attesting to the legitimacy of the marriage, they had to deal with unannounced visits and constantly having to check in. It wasn't until the second kid came along that the govt finally seemed to accept the marriage as real.

Given the hoops my brother and sister-and-law had to go through, I think faking a marriage is a really bad idea unless the fake-spouse is willing to put themselves and close friends/family into big trouble if the sham marriage gets exposed.

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

#7

Post by rms » Mon, Apr 25, 2011, 12:46 AM UTC

amourgh wrote: post #2

You can do a "gray" Marriage=pay someone to marry you for a year or two untill you get your card and you can choose to divorce or continue with the person(like a contract).

Don't do it without really living with that other person for at least a year before getting married.

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

#8

Post by petervandijck » Mon, Apr 25, 2011, 12:47 AM UTC

Pay someone to marry you for the papers. Divorce afterwards.

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

#9

Post by lightblade » Mon, Apr 25, 2011, 12:57 AM UTC

petervandijck wrote: post #8

Pay someone to marry you for the papers. Divorce afterwards.

That is not an option. Fraudulent marriage is punishable by fine and imprisonment in the US. Your USCIS interviewer will go to GREAT length to check whether your marriage is legit. By GREAT length, I mean they will come to your home at 4 AM in the morning, knock on your door, just to see the 2 of you having sex.

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

#10

Post by lightblade » Mon, Apr 25, 2011, 12:59 AM UTC

Well, I know this is not really helping but this movie described a very similar situation to yours. May it ease your pain a little: http://movies.netflix.com/Movie/The_Proposal/70112727?trkid=...