Have questions, need help please.

[yagamisama]

Everything about immigration is now confusing me. Let me first start off by telling you a little about my situation. I am engaged to a wonderful man, we have known each other for about 7 1/2 years, we have been together as a for 3 years. We have a 20 month old son. Our problem is that he is in the country illegally. I am confused about how he is illegal. The reason is this, He apparently came to the country legally(i believe) with his mother when he was 10.(he is now 27). His mother is a permanant legal resident, she has been since she first came in 1991. He has a social security number that was given to him when he was 10, (when he came with his mother) it is not valid for employment. He told me that he cant remember much about when he came only that he had a passport when he came. He went back to mexico and tried to return again in 2002 and they told him that he was entering illegally. I believe they fingerprinted himnot 100% sure) and sent him back to mexico. He said he didnt tell them about his passsport because he was afraid. He has since returned illegally and been here since 2002. I tried to get help from Catholic Charities but they refused to help use. I really cant afford a lawyer because i am unemployed and ill. Is it going to be incredidbly difficult to get him papers? How and or why was he issued a SS # and what do i do to get started. Some one told me i need to run his fingerprints through the FBI, Im kinda worried about doing that. How much does it cost and if i do will they try to deport him? Please if anyone can help, I need it.

[y14gemini]

:wave: and :welcome:! When he was brought over here did his mom "buy" him papers? To do a FBI fingerprint it is $18. Many have done it. If you are concerned about ICE showing up at your door I believe that is not going to happen. http://www.fbi.gov/hq/cjisd/fprequest.htm

His outcome is going to depend on his past. I am not sure how to answer but others will jump in and let you know! Good Luck!

[yagamisama]

When he came originally i believe he came legally with his mother on a passport.

[y14gemini]

Does he still have the passport?

[yagamisama]

Thats one of the problems. We dont know if he still has it or if by now im sure its expired. Up until maybe 3 years ago when we got together as a couple he didnt even know his social security number because his mother kept everything. She says she has the passport but whether or not this is true we dont know..i have asked about it and she says she doesnt know where it is right now. Is there any other way to find out if someone was issued a passport, if its expired, etc. Im terrified that because he was caught coming back into the US that it is going to cause a lot of problems.

[Laura]

If he can prove he entered legally he should be able to adjust status in the U.S., assuming he was never ordered deported.

[Laura]

It doesn't matter that his passport expired, he just needs it to proved he entered the U.S. with inspection, which will allow him to adjust status in the U.S. You guys have to get your hands on that passport.

[losguerra]

Can he still adjust in-country if his last entry was EWI?

[yagamisama]

Yes can he, if he did come with a passport but went back to mexico, was caught coming back into the US is he still eligible to file for that. If they didnt fingerprint him or his prints are not in the FBI is it better to just say he has been here the entire time. I told him that i really dont understand why his mother didnt apply for papers for his brothers and sisters when they were younger if she was here legally. He said that he doesnt know. His mother is not the kind of person that wants to help but she expects him to do it himself. If we cant find the passport how can we prove he had one? Also how do i go about finding out if the do have his fingerprints?

[y14gemini]

Do a FBI fingerprint check. You can also do a FOIA. You REALLY need to get that passport.

[gatita]

Can he still adjust in-country if his last entry was EWI?

I was wondering the same thing?

[yagamisama]

I don't mean to sound stupid but where do i go to check his fingerprints with the FBI and what is an FOIA?

[y14gemini]

FBI-- http://www.fbi.gov/hq/cjisd/fprequest.htm

FOIA--Freedom of Information Act, I do not have that link but someone will have it and post it, this will allow you to get the immigration records of your husband (what they have on him)!

[yagamisama]

Thank you so much.