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I have a friend who has been illegal for over 10 years. He wants to get married to an American Citizen. Can he adjust status?

Olympia, WA |

My friend was living illegally in the US over 10 years ago. He had a child with a woman, who called the police in a domestic issue, and end result he signed his voluntary deportation. He left, and she then attempted to request him with an I-129f, but at that time did not have the financial backing, and was denied. He returned to the US illegally and has lived here ever since.

Does he have a 10 year ban?? Does he have a lifetime ban?? Is it possible for his fiance now to enter an I-130 and I-485, or what are his chances at all. Is it a lost cause??

Attorney Answers 3


  1. Best answer

    Hello:

    Some of the answer will depend upon the date he left. If one is here illegally for over 1 year and leaves and then re-enters without legal admission, they are barred for life. However, they become eligible to apply for a Waiver after 10 years.

    Regards,

    Brian D. Lerner
    Attorney at Law


  2. Your friend must contact a lawyer to deal with this case.

    He might be able to get his green card, but the lawyer will give him the options available in order to make an informed decision.

    Goodluck.

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