Help - boyfriend of pregnant USC in ICE custody

[epm]

Here's the story: My neighbor's, sister's, husband's, sister's boyfriend is an overstay on a student (I guess F-1) visa from Ecuador. How long? Not sure. He was taken into ICE custody after he was pulled over for a traffic citation. The USC girlfriend is pregnant and he has also fathered another child here in the US. We don't know, but we're assuming that the mother of his first child did not file any immigration paperwork with him/for him. The family is confident that he will go before an immigration judge and be released and handed an opportunity to AOS in county because - get this - he has paid all of his taxes and has a baby on the way. Of course, that's not how it works, but apparently they are working with a lawyer who may (or may not) be feeding them is ridiculously optimistic outcome.

I told my neighbor that because he and the girlfriend are not married and he is an overstay, there is no way for him to AOS in country without receiving a fiancé visa while in his home country. I think that's true, but are there any rules about Ecuador that I don't know about? Asylum or anything? Also, could they get married while he is in ICE custody and then file the AOS packet to adjust in country (assuming he has all of his arrival documents)?

I gave my neighbor the I2US website, Laurel's website and chat time and Annie's information.

Thank you for your replies! It breaks my heart to hear stories like this.

[Jardinera]

Here's the story: My neighbor's, sister's, husband's, sister's boyfriend is an overstay on a student (I guess F-1) visa from Ecuador. How long? Not sure. He was taken into ICE custody after he was pulled over for a traffic citation. The USC girlfriend is pregnant and he has also fathered another child here in the US. We don't know, but we're assuming that the mother of his first child did not file any immigration paperwork with him/for him. The family is confident that he will go before an immigration judge and be released and handed an opportunity to AOS in county because - get this - he has paid all of his taxes and has a baby on the way. Of course, that's not how it works, but apparently they are working with a lawyer who may (or may not) be feeding them is ridiculously optimistic outcome.

I told my neighbor that because he and the girlfriend are not married and he is an overstay, there is no way for him to AOS in country without receiving a fiancé visa while in his home country. I think that's true, but are there any rules about Ecuador that I don't know about? Asylum or anything? Also, could they get married while he is in ICE custody and then file the AOS packet to adjust in country (assuming he has all of his arrival documents)?

I gave my neighbor the I2US website, Laurel's website and chat time and Annie's information.

Thank you for your replies! It breaks my heart to hear stories like this.

Huh.... well, he could theoretically AOS if he were married, but he certainly can't AOS through a girlfriend, so yes, if he is able to marry in ICE custody somehow he could attempt to AOS (with travel documents).... But I'm not sure how that works. I asked Laurel a basic question about AOS after there is deportation issues and she said he would have to get it in front of a judge. This is possible I guess... Not too sure though. It's certainly not as simple as this lawyer seems to be making it.

[Caribbeanman]

Also, could they get married while he is in ICE custody and then file the AOS packet to adjust in country (assuming he has all of his arrival documents)?



Getting married while in ICE custody is not a good idea b/c when youre in front of the IJ he will say it was done to gain an immigration benefit and it was not entered in "good faith".

[xclent]

One of my friends was in the same situation. He came on F1 but dropped out of school and started working illegally. He got into argument with his boss and then his boss reported to immigration services. Immigration officers picked him from his house but he got bonded out on $1000 bond and was given immigration court date.

He married to USC before the court date and his wife got pregnant. Immigration judge adjusted his status just becaue his wife was pregnant at the time of hearing. DHS lawyer was trying to accuse him of sham marriage but immigration judge didn't buy it.

He is now living in Chicago and has his green card.

My advice is get him bonded out at any cost. Get married before the immigration court date. They cannot deport him since he entered the country legally. He has to go infront of the judge.

He was arrested in Houston.

[Caribbeanman]

Correct!,you stand a better chance of marrying AFTER he is bonded out.