I need your help.

[xkedrinlovesyouo]

I need to know what i should do..
i joined this site, so i could see if any of you guys know what to do..
I dont know where to turn now..

My best friend is an illegal immigrant.. who got caught.
he has been sent a court date, whats going to happen now?
Does anyone know.
What should i do..
Is there anyway to keep him here?
Should i write a letter to the senators?
I want someone to see that i need him here.
That he means so much to me and i would do anything to keep him here.
He has done everything an american should..
He has went to and finished High school, and works 2 jobs, and lives a normal life... if you met him you would total think, he is the whitest acting hispanic person ever..

It hurts me so much to see the USA do this. and it makes me hate this place even more.
Is there a new law trying to be passed for people that come here and start school and just want to learn? he just wants to go to college..
How do i make myself recognized to say all of these things?
i need him here.

[angela256z]

Is he a boyfriend that you are planning on marrying some day? Or is this truely just a friendship? Does he have any US Citizen relatives?

[xkedrinlovesyouo]

No he truly is just a friend, and i believe he might have some family here that is legal.. but its just him he is here with his father and brother. only he got caught.
Im so scared and really need him.
do you know whats going to happen when he goes to court?

[angela256z]

Well did he get caught by ICE or he commited a crime? the only way he can stay in the US if he is not deported is if a US citizen relative petitions for him. This would have to be a parent or a fiance or wife. A brother or sister over the age of 21 can also petition, but there is a 14 year wait on that.

[xkedrinlovesyouo]

i forget what is ICE? god this sucks.
so what i understand from him is that he got caught i think when he was going to get some papers.. and i think asked hiim for a green card and he said he didnt have one.. it went something like that.
so other then those there is no way that he could be helped.
Even the whole oohh just get married to him for the time being wouldnt work right because you have to show records of it and it has to be that you have had been married for awhile right?

[xkedrinlovesyouo]

His court date is coming up within 2 months too, so that doesnt leave much time for anything but so far i have come up with writing to the senators, not like they will care much, but im willing to do anything.

[angela256z]

I would not marry him just to give him papers that is commiting marriage fraud which could cost you thousands of dollars and jail time. Does he have a girlfriend that might possible be marring him in the future? Cause he can be petitoned for as a fiance.

Other than those options there is not much you can do for him unless the laws change and since the senate could not agree on a Comprehesive Immigration Reform bill there are no laws being changed right now.

It's a little late right now, but someone may answer tomorrow if they know something different, but I don't think there is anything else that can be done.

ICE - Immigration & Customs Enforcement. They are the people doing all the raids and deporting people.

At the court date he will either be given Voluntary Departure (VD) or be detained and deported if he can not prove that he has a right to be here which is by being a green card holder or a USC

[xkedrinlovesyouo]

He doesn't have a girl friend, as of now.
so do you think writing them would put in an opinion? or would they set it to the side and be like what ever?
how long does it take to apply for a visa or citizenship,once he is deported? He has to wait 10 years to come back?

[xkedrinlovesyouo]

Thank you so much for helping me and answering my questions.

[ratito921]

for him to apply for a visa or citizenship, the fastest way would be a fiance or spouse. I'm not familiar with employer visas, I don't even know if that is an option for him.

The family visa wait is a LONG time. Does he have relatives in his home country that he can stay with atleast?

One more thing, how old is he? Is he over 18 yet?

[Dorothea]

A letter to senators wont do anything for him since ultimately they have to follow the law too. Sad but true, if he does not have a parent or wife that is here legally you are looking at a very long wait.
One thing I can tell you is that when he goes to court he needs to ask for Voluntary Departure. If he has never comitted a crime in the US and is hard working the judge should have no problem giving him that. Then at least he should be able to stay for a few more months... It's a bad situation and I'm sorry for your friend.

Just one thing though: I think it's kind of upsetting that you said "he is the whitest acting hispanic ever..." He should embrace his culture and so should you if you love him. It is NOT being hispanic that got him in trouble, it is being in the US illegally. Please don't take this the wrong way, I'm not trying to insult or anything (my husband was here illegally too) but please don't ever pretend or let him pretend that he is not Hispanic...

[Dorothea]

Also, can a moderator move this into a different section??

[inlimbo]

I need to know what i should do..
i joined this site, so i could see if any of you guys know what to do..
I dont know where to turn now..

My best friend is an illegal immigrant.. who got caught.
he has been sent a court date, whats going to happen now?
Does anyone know.
What should i do..
Is there anyway to keep him here?
Should i write a letter to the senators?
I want someone to see that i need him here.
That he means so much to me and i would do anything to keep him here.
He has done everything an american should..
He has went to and finished High school, and works 2 jobs, and lives a normal life... if you met him you would total think, he is the whitest acting hispanic person ever..

It hurts me so much to see the USA do this. and it makes me hate this place even more.
Is there a new law trying to be passed for people that come here and start school and just want to learn? he just wants to go to college..
How do i make myself recognized to say all of these things?
i need him here.

I am so sorry to hear that this happened to your friend. Unfortunately there is little to nothing that can be done at this point to keep your friend in the U.S. That he is a good, normal, hardworking person doesn't matter one bit to ICE.

His best bet is to try to get voluntary departure. If a judge does not grant your friend voluntary departure, he will be deported (aka "removed") from the U.S. and ineligible to return unless he files and receives approvals for two waivers, the I-601 and the I-212 (both of which you can find information regarding on this site). The I-601 waiver must show extreme hardship to a US Citizen (USC) or Legal permanent Resident (LPR) who is a qualifying relative to your friend (fiance, husband/wife are the most common).

[Adriane]

Even the whole oohh just get married to him for the time being wouldnt work right because you have to show records of it and it has to be that you have had been married for awhile right?

Well, not only are there extreme penmalties to YOU, the US citizen, for "fradulent marriage" including enormous fines and jail time, plus a felony record but there are other complications as well.

You would have to prove that the relationship was legit- produce cards, photos, emails, evidence of joint bank accounts or insurance, proof you lived together or had utilities in both names, etc.

And even then, even if you were married, didn't get caught for the fradulent thing, and managed to produce enough evidence to convince them it was legit, you'd still have to prove that his inability to live in the US would cause "extreme hardship" (as based on USCIS standards) to YOU in order for him to get his 10 year ban waived. That process, as you can see here, is long, complicated and very, very expensive. There are minimum income requirements and you'd be legally obligated to support him for 10 years, even if you divorced. The fees to file alone total in the thousands. His eventual interview would have to take place in Ciudad Juarez, Mexico and depending on the outcome, he might not be able to return for several months. And the process to get to that interview is not quick- that alone could take up to a year. And in the meantime, marriage to you and the fact that you had begun filing paperwork does not in any way protect him from being deported or change the fact that he's still in the country illegally.

Really, unless he's under 18.5 years old, nothing changes any of that at all.

I know this is unfair, and I'm sorry. This is tragic situation for alot of people. One other thing- if he does get deported, it is very important that he NOT attempt to sneak back in- doing so will earn him a lifetime ban on a visa and even if he were to marry a US citizen, he couldn't apply to waive that ban until he'd first spent 10 years outside the country.

Good luck. If you have other questions, we'll help if we can.

[Laura]

He doesn't have a girl friend, as of now.
so do you think writing them would put in an opinion? or would they set it to the side and be like what ever?
how long does it take to apply for a visa or citizenship,once he is deported? He has to wait 10 years to come back?

I was sort of disturbed by the comment about him being "the whitest acting Hispanic ever..." That sounds like a veiled insult at Hispanics... but anyway.

Deported or not, without a USC relative, he'll never get a visa to come to the U.S. He can't just apply to come back legally, even after a 10-year bar. If people could just apply to come to the U.S. legally, they wouldn't be coming illegally in the numbers they are. Immigration the U.S. in general is very complicated and by no means guaranteed from the average hard-working person who just wants to live in the U.S.

Sorry for your friend.

[xkedrinlovesyouo]

Ratito he does has family back in ecudor to go to.
and yes he just turned 22.

[xkedrinlovesyouo]

Thank you all so much for your help, so should he get some kind of lawyer or authority type for court? or just go by himself and is there anyone for him to call or get a hold of, because he does want to come back, and would want the 10 years waved...
sorry about the whitest hispanic comment i truley didnt mean it in that sort of way.
thank you for all of your support and it truly does make life hell. It really needs to change.

[Adriane]

Thank you all so much for your help, so should he get some kind of lawyer or authority type for court? or just go by himself and is there anyone for him to call or get a hold of, because he does want to come back, and would want the 10 years waved...

I think you misunderstand.

He will be banned from the US for 10 years because he has accrued over 1 year of illegal presence after April 1, 1997 and after turning 18.

That ban can ONLY be waived if a parent or spouse/ fiancee who is a US citizen files an I-601 waiver on his behalf. If he does not have a US citizen parent or spouse, the ban can not be waived. The waiver is based on extreme hardship to that sponsor- the US citizen parent or spouse.

If he attempts to re-enter after leaving / being removed, he can not file a waiver for 10 years EVEN IF he has a US citizen parent or spouse.

When ordered will have to leave (or be deported.) He will have to wait outside the US for 10 years and then he can apply for a regular tourist or other type of visa- but you should know that even then it will be EXTREMELY unlikely that they will issue one because he has already exhibited immigrant intent. Visa are discretionary- and with his history it will be very, very hard unless he has a US citizen spouse or parent.

If you still want to consult an attorney, there are some who are recommended. Good luck.

[xkedrinlovesyouo]

so no matter what happens, since he has entered this country illegally he has to be deported for 10 years. and if he doesnt have any family that is legal here.. then hhe has to stay in his country, Thats bull****. this country really needs to change....
So they wont even take into consideration the fact that he went to school, and got his diploma, and works really hard?
What are some attornys you recommend?

[xkedrinlovesyouo]

also would it be accepted if it was one of his cousins??

[inlimbo]

so no matter what happens, since he has entered this country illegally he has to be deported for 10 years. and if he doesnt have any family that is legal here.. then hhe has to stay in his country, Thats bull****. this country really needs to change....
So they wont even take into consideration the fact that he went to school, and got his diploma, and works really hard?
What are some attornys you recommend?

I agree, it is bullsh*t. Unfortunately, that's the way the system works. My fiance was detained for about 3 weeks before being deported to Mexico. In that time he met people from all over the world, all walks of life, with USC children, spouses, and the vast majority were people who are trying to succeed, further their education, help their families, etc. etc. etc. It doesn't matter one darn bit to ICE. I can guarantee your friend isn't the first (or last)person who has gone to school, earned his diploma, worked hard and yet ends up being deported. Sorry to say it, because it is disappointing, but it's the simple truth.

[angela256z]

There is a list of Recommended lawyers under the resources section on the fourm. His cousins will not count as a qualifying relative. Only Spouse, Children over 21, Brother & Sister. The brother and sister one also takes 14 years + or -.

[xkedrinlovesyouo]

yeah true. thanks..

Im just looking at it on the bright side and its reallyhard to sit and dwell over it. So im looking at the factof trying to get him back here once he leaves and get him set up with all of the things he will need in the future to try and get back here as soon as possible. Do you guys see this situation taking a good turn or a bad turn with what you know?

[cherrycandy001]

Hi and Welcome. Sorry about the circumstances you are in.
I went to school, I got my diploma, I stayed out of trouble, I know perfect English, I am probably very similar to your friend. The only reason I am now legally here is because I am married to a US citizen who petitioned for me. The sad reality is there are plenty of people in the same boat as him. For example my two little sisters, they are both just like me, and one even has little children, trust me none of that matters when it comes to immigration. If God Forbid they were picked up there would be nothing we could do.
-Candy

[xkedrinlovesyouo]

Hi and Welcome. Sorry about the circumstances you are in.
I went to school, I got my diploma, I stayed out of trouble, I know perfect English, I am probably very similar to your friend. The only reason I am now legally here is because I am married to a US citizen who petitioned for me. The sad reality is there are plenty of people in the same boat as him. For example my two little sisters, they are both just like me, and one even has little children, trust me none of that matters when it comes to immigration. If God Forbid they were picked up there would be nothing we could do.
-Candy

You are simular to my friend. That makes me happy to see.. i wish i could marry him, for one i am under age. and they would look at me and go your just marrying him to keep him here.. but we are just best friend. and i really need him here.. Yeah immigration in the US needs to change soon before i go insane.. lol.
But also i was thinking i cant go 10 years without seeing him.. i might just move there for awhile.. everyone says ecuador is a beautiful place.
Im very happy and i wish my situation could turn out like yours.

[angela256z]

yeah true. thanks..

Im just looking at it on the bright side and its reallyhard to sit and dwell over it. So im looking at the factof trying to get him back here once he leaves and get him set up with all of the things he will need in the future to try and get back here as soon as possible. Do you guys see this situation taking a good turn or a bad turn with what you know?

I just want you to know that if you ever want to bring him here again with papers do not let him EWI again. If he does it will be an even harder road for him to ever become legal. Good Luck to you both and I hope that you figure something out.

[Adriane]

I hope the laws change in your favor- good luck.

[Dorothea]

Kedrin, hopefully we'll have a new set of laws in a couple years that recognizes time spent in the US. Your friend was a child when he was brought here illegally, right? It's such a sad situation...
In the mean time, you do have a good attitude about the whole thing. Stay as positive as you can. And start learning Spanish! I hear Ecuador is beautiful too, but very very poor.
It will be a hard adjustment for your friend too. But it's a good thing he has family there.

[xkedrinlovesyouo]

Kedrin, hopefully we'll have a new set of laws in a couple years that recognizes time spent in the US. Your friend was a child when he was brought here illegally, right? It's such a sad situation...
In the mean time, you do have a good attitude about the whole thing. Stay as positive as you can. And start learning Spanish! I hear Ecuador is beautiful too, but very very poor.
It will be a hard adjustment for your friend too. But it's a good thing he has family there.
thank you! hah i already am fluent in spanish because my friend taught me, and i work with hispanic people so it makes it easier to learn.
thanks so much for your help, it really did help alot and i am going to tell him all the things he needs to know for court and that he needs someone to file for the 10 year wavier. but yeahh. ecuador.. i cant wait to see.

[Laura]

What would change your friends' situation would be the Dream Act (http://www.nilc.org/immlawpolicy/DREAM/dream_basic_info_0406.pdf). However, once he is deported, I doubt he could apply. Very sad... I hope he will be able to start a new life in Ecuador with his excellent education, English skills, etc. Frankly, it will be a long time, if he is ever allowed to apply for a visa to come back to the U.S.

[xkedrinlovesyouo]

What would change your friends' situation would be the Dream Act (http://www.nilc.org/immlawpolicy/DREAM/dream_basic_info_0406.pdf). However, once he is deported, I doubt he could apply. Very sad... I hope he will be able to start a new life in Ecuador with his excellent education, English skills, etc. Frankly, it will be a long time, if he is ever allowed to apply for a visa to come back to the U.S.

Thank you soooo much i will look into that.. well i did reaad it and thats exactly what he wants and needs. he just wants to be able to go to college. and things like that.. im so happy you showed me this, it makes me want to cry hah because im so happy and im going to write them to seee if they will send me info and forms.
i hope this works!

[Laura]

Oh God, I'm sorry, I didn't mean to give you false hope. There are no forms. This is part of an immigration proposal that hasn't passed Congress yet. But this law would help your friend, if indeed it did pass. We need to see national support first.

[xkedrinlovesyouo]

Oh God, I'm sorry, I didn't mean to give you false hope. There are no forms. This is part of an immigration proposal that hasn't passed Congress yet. But this law would help your friend, if indeed it did pass. We need to see national support first.

ooh. wwell i hope it passes. no its okay i just got excited knowing there was something i could do. i hope is passes oh man..
that would be amazing.. they said in that information thing that it passed and some things. and still needs to be a approved.
do yyou know of anything else as of right now that is like that same thing and has been passed?also do you think i shooulld still call that number and see where i end up?/