Immigration Site

I am posting here on behalf of a friend who has been frantically looking for help and advice regarding her situation in immigrating to the U.S.

My friend is Canadian and has a boyfriend from Mexico who is currently living in the U.S. His family is in the process of obtaining their investors visa and he is there in the U.S. helping them run the family business. They all have visitors visas. He will not be obtaining his own investors visa for some time until the business makes more money and he is too old for his parents to bring him in as their dependent (25 I think). Meanwhile, my friend has been dating him for about 2 years. They met in Canada when he was there on a work permit. Recently, she decided to go to the U.S. to be with him while he sorts out his immigration stuff. I believe she has obtained an under the table job and gets paid in cash. She has been there for a few months (not longer than 6). There have been some complicating factors. Around May, he got a DUI and was convicted in September (he had a lawyer). The judge went easy on him as he was very polite - he didnt do any jail time and received a $1000 fine. He was informed he was lucky. He also applied to go to Canada for a visit on a temporary visitors visa, but was denied as Canadas new policies regarding Mexicans are a little strict and racist, we all found out. Also with his DUI, he will not be able to apply to go to Canada for at least 5 more years until he applies as having been rehabilitated. Even through marriage, so thats out of the question.

My friend is quite worried about how this process is going. How will the DUI affect his application for his investors visa when he does it. What happens if he overstays 6 months in the U.S. (even though his visa is good for about 8 more years I think). How will the DUI affect his application for a green card when and if he applies. What if my friend is caught working in the U.S.? What penalties will she face. Will she then still be able to marry him when he gets his green card and get in without issue? Or how long would she be banned for and what would her chances be of getting back in later? Will she have trouble crossing the border back and forth during all of this to avoid overstaying. Can overstaying even be tracked if you are a Canadian - is it even something worth worrying about? When she applies for her marriage green card in the future, what should she tell the officers to avoid getting denied for a visa but still avoid lying to them?

The main concern is they do not want to be apart. They already spent about a year apart while he helped start the family business. This immigration puzzle is very trying and difficult for two romantics who just want to be together and start on their life. Any help and advice would be appreciated.

No offense, but calling Canadas new policies racist does sound racist to me. Then all of us can call US policies are racist because many people cant get visa to get here.

As for your friend if shell be caught working illegally shell be in big trouble (unless she marry the USC, which is not a case here). DUI most probably will not affect GC (I wish CIS would be more strict on that!), but Im not very positive about citizenship. If he gets his GC she cant get any for another 4-5 years (unless they marry and hell be in FB3 category).

As for your friend if shell be caught working illegally shell be in big trouble (unless she marry the USC, which is not a case here).

DUI most probably will not affect GC (I wish CIS would be more strict on that!), but Im not very positive about citizenship. If he gets his GC she cant get any for another 4-5 years (unless they marry and hell be in FB3 category). What exactly do you mean by "big trouble."? Do you mean she could be deported? What penalties would they impose on her specifically? They very well may get married but there is no set timeline on this. Should they think about getting married before he applies for an investors visas or green cards?

What is FB3 category? Why would she not be able to get a green card for another 4-5 years - is it because his has to be valid for that time period first? Or how does that work? If he gets his investors visa or Green Card, can he sponsor her for some sort of visa?

When/if he gets an E-1, she would be eligible for an E-2 visa and work authorization. The problem shed have is that shed need a consular interview, and would need to disclose her unauthorized employment the last little while.

I dont see what basis either has to get a GC.