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i have a friend who has been in the united states since the ...


Sent to Legal Experts August 12, 2007 12:31 p.m.

i have a friend who has been in the united states since the early 90s late 80s illegally how can i get him her legally, what kind of documentation do i need to prove he has been here? he has worked 2 jobs or more during his time here ( different places) what can i do? how long will it take?
Customer (name blocked for privacy)
Status: Closed   Value: $30   
Info Request
August 12, 2007 12:40 p.m. (8 minutes and 41 seconds later)

Hello,

Did you friend enter legally and then overstay his visa?



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Sent August 12, 2007 12:43 p.m. (2 minutes and 27 seconds later)

no, i have only just found out this information and that was my 1st ?, he has been here all this time illegally and using ss# s that are not his, apparently the number does not BELONG to anyone else either.
Customer (name blocked for privacy)
Answer
August 12, 2007 12:55 p.m. (12 minutes and 53 seconds later)
ACCEPTED Check Mark

As your friend entered the U.S. without being iadmitted by USCIS officials at the border or other port of entry and he gained entry through presentation of false documents then this complicates matters.

Your friend will not be able to apply for Adjustment of Status which is the process whereby one applies for permanent residence without leaving the country as your friend's entry was unlawful.

There is possibly one exception to this rule known as I-245, which enables a person to adjust status despite having entered unlawfully so long as they meet certain criteria, among which is having been the beneficiary of an immigrant petition or labor certification application filed before May 2001 by a U.S. employer or U.S. citizen or lawful permanent resident relative.

If your friend cannot adjust status, then the only way involves your friend returning home and then reentering the U.S. on a new visa obtained in your friend's country, which is potentially a dangerous path for many people who have spent more than 179 consecutive days in the U.S. following an unlawful entry. In many of those cases, departure from the U.S. triggers a three-to-ten-year bar from returning, for which a waiver is often available but cannot be pursued before the departure.

My suggestion would be for your friend to consult with an immigration attorney.



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Reply to Medicine
Sent August 12, 2007 1:04 p.m. (8 minutes and 24 seconds later)

we did a telephone consult and were told if he could furnish docs to prove he had been here for 10 yrs or more there was something that could be done but they wouldnt tell us anymore. is the a grandfather law which would/could be used in this case?
Customer (name blocked for privacy)
Answer
August 12, 2007 1:22 p.m. (18 minutes and 20 seconds later)

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PictureMedicine&Law  -- Mediator -- 99% Positive Feedback on 470 Legal Accepts
Dog/Owner Related Issues & Medical Insurance Claim Resolution

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