I am new to the immigration process and dont know where to start. Please help!
My daughter is engaged to a 21 year old young man from El Salvador. He was brought here illegally by his parents when he was 16. Both of the parents have green cards and have lived in the US for about ten years. This young man and his two sisters do not.
They would like to be married soon but I know the process is tricky and has to be free of mistakes. Does this young man need to leave the country and return on a finance visa? if thats the case, does he need to return to El Salvador or could he go somewhere that would be safer. I have been told he has a valid passport from El Salvador.
Any help you can give me is appreciated. I honestly have no idea where to start. My daughter is a US citizen and was born in the US.
Did he actually enter illegally, or did he just overstay a visa?
If his entry was illegal, he cannot get a green card through his parents or his fiancee unless he leaves the US and stays away for 10 years.
How old are his sisters? Depending on their age and whether they are inside or outside the US, they still may have a chance to get a green card through their parents.
They can get married here, and his spouse (your daughter) can file the I-130 Petition for Alien Relative. The problem is if he did not make a legal entry and nobody filed for him before April 30, 2001, he is subject to a 10-year bar.
Did his parents ever petition for him and if so was it before April 2001?
Once the I-130 is approved, he will have to go back to El Salvador for an interview to get his visa at the American consulate . He will be denied the visa because he was illegaly present in the US. He should then file the I-601 waiver unlawful presence
Your daughter will have to present evidence proving that she (US Citizen) could not live in El Salvador. This would include evidence of medical problems she may have, financial obligations in the US, familial obligations (i.e. caring for aging parents or disabled relatives.) and anything else that would make it impossible for her to move to El Salvador. She has to prove that the hardship would be ABOVE and BEYOND the hardship that could be obviously expected. This means that the fact that she loves him and "cant live without him" would not mean anything.
You should definitely talk to an immigration lawyer about your options.
He has never been in the US legally. If he leaves voluntarily and goes to another country could he then come back legally without having to wait the ten years?