Colombian EWI or Not?

[americankiwi]

Hey guys....Just wanted to get a bit of clarification on behalf of my sister who is married to an illegal Colombian. Heres the story:
Somewhere around 2001 he arrived at Miami airport with no visa, and advised at the poe that he had no visa but wanted to stay because he didn't want to return back to Colombia. They took his passport, put him in a holding cell i guess to do some background checks, he was released into the states without his passport and with a court date to plead his case (political asylum i think). According to my sister 9/11 occured right before his court date and he was afraid to fly and never showed up to his court case. They married in 2005 and just had a child in January. They keep waiting for immigration bills to pass but I keep telling her that they really need to start the process themselves instead of waiting around. I think they're both afraid to, they're going to see how my case goes (even though its extremely different) and then perhaps have a consultation with Laurel Scott, which is who I'm using. Here are a few questions:
1. Is he an EWI?
2. If he's an EWI will he have to go to Colombia to file?/If not EWI will he have to go to Colombia to file?
3. Would the fact that he's been working in the states & paying taxes benefit or hurt his case?
4. How can he start any immigration processes without his passport, how can he even get back to colombia without his passport?

[Laura]

Yikes, that sounds like a Laurel question.

Also, how could they keep his passport???!!!

[joy&pain]

Hey guys....Just wanted to get a bit of clarification on behalf of my sister who is married to an illegal Colombian. Heres the story:
Somewhere around 2001 he arrived at Miami airport with no visa, and advised at the poe that he had no visa but wanted to stay because he didn't want to return back to Colombia. They took his passport, put him in a holding cell i guess to do some background checks, he was released into the states without his passport and with a court date to plead his case (political asylum i think). According to my sister 9/11 occured right before his court date and he was afraid to fly and never showed up to his court case. They married in 2005 and just had a child in January. They keep waiting for immigration bills to pass but I keep telling her that they really need to start the process themselves instead of waiting around. I think they're both afraid to, they're going to see how my case goes (even though its extremely different) and then perhaps have a consultation with Laurel Scott, which is who I'm using. Here are a few questions:
1. Is he an EWI?
2. If he's an EWI will he have to go to Colombia to file?/If not EWI will he have to go to Colombia to file?
3. Would the fact that he's been working in the states & paying taxes benefit or hurt his case?
4. How can he start any immigration processes without his passport, how can he even get back to colombia without his passport?

Americankiwi, I would say have your sister & BIL get in touch with the Colombian Consulate in regards to his passport. They may be able to help with the passport issue once they decide to start filing. For the I-130, I think a birth certificate (translated) would work for them to get started, but doublecheck just to make sure.

As far as whether or not he's an EWI? I don't know for sure, but I think yes since he failed to attend his court date. This makes him deportable. So if my guess is correct, he would have to return to Colombia to attend his interview & file waiver. Definitely recommend that they consult with a seasoned immigration attorney.

The taxes issue is completely separate from the immigration issue. IRS does not care if you are legal or not. Tell him to get a Tax Id Number (TIN) and to file.

Hope that helps!

[americankiwi]

Americankiwi, I would say have your sister & BIL get in touch with the Colombian Consulate in regards to his passport. They may be able to help with the passport issue once they decide to start filing. For the I-130, I think a birth certificate (translated) would work for them to get started, but doublecheck just to make sure.

As far as whether or not he's an EWI? I don't know for sure, but I think yes since he failed to attend his court date. This makes him deportable. So if my guess is correct, he would have to return to Colombia to attend his interview & file waiver. Definitely recommend that they consult with a seasoned immigration attorney.

The taxes issue is completely separate from the immigration issue. IRS does not care if you are legal or not. Tell him to get a Tax Id Number (TIN) and to file.

Hope that helps!

He does have an ITIN number and has been filing jointly with my sister...I guess my sister was hoping that since he's been paying taxes it would count positively against his case, but at the end of the day the facts are that he is illegal and will have to go through the normal (painful!) process of becoming legal!

[Cynthia]

He does have an ITIN number and has been filing jointly with my sister...I guess my sister was hoping that since he's been paying taxes it would count positively against his case, but at the end of the day the facts are that he is illegal and will have to go through the normal (painful!) process of becoming legal!

Unfortunately, it doesn't count, having ITIN and do right with IRS. And you're right, end of the day, it's still an immigration issue(s). :(