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Illegal immigrant

Sacramento, CA |

I have a friend of a friend who is an illiegal immigrant who came from India then crossed the boarder to USA - he has filed for assylum and has a hearing next month but someone reported the friend to immigration and I was wondering if his girlfriend is an american citizen - will she be able to save him for the mess he is in right now?

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Attorney answers 7


I am not sure what the "report" to immigration entailed and what kind of "hearing" he has scheduled. If it is his first time filing for asylum, he likely has an interview with USCIS. If USCIS denied it, then he may have then asked for asylum in removal proceedings, and he has a hearing set before an Immigration Judge. Either way, I hope he is represented by counsel. His entry into the United States coupled with his asylum claims make his case complicated and it is important that he find an experienced immigration attorney to help him. A US citizen "girlfriend" cannot assist him in obtaining any type of immigration benefits. I wish him luck.

Immigration and Family Law Attorney in Sacramento, CA. (916) 436-3007. The information provided is general in nature and not meant to be legal advice.


If he has asylum pending, then this is his relief. If he wishes to marry the girlfriend, he can do so, and she could then petition for him, but since he entered illegally, he will need a waiver. If he qualifies, he may file for a Provisional Waiver. He really needs to have a formal consultation with an experienced immigration attorney.

Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


I agree.


Candidly I do not know how an Indian National can claim asylum unless there are some exceptional circumstances. The country conditions will not justify asylum. Further, he must be aware of consequences of frivolous asylum claim.

If he has a viable petitioner for a family petition it may prove more justifiable so long as it is a good faith marriage.

My suggestion: He needs to get a lawyer so that the situation is not fouled up.


He should consult an immigration lawyer. Unfurtunately if he entered the United State illegaly he cannot do an adjustment of status in the US.


His girlfriend would have to become his wife in order t help him. She would then petition for him but since he entered without inspection (crossed the border) he would have to have an approved waiver. He can apply for the new provisional waiver this March. If his hearing is coming up next month he does not have a lot of time to accomplish all of this. He should speak with an immigration attorney as soon as possible.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


We have several of these cases in our California offices. If this friend of your friend is seeking asylum from India I would suspect he is from the Sikh faith and perhaps from the area of Punjab. This is still a troubled area of the world. The common route to the U.S. from India is through a Central American country with a visa and then travel through Mexico and across the U.S. boarder. Assuming he entered without inspection by avoiding U.S. boarder agents he will not be able to adjust status in the U.S. It sounds like he is already in removal proceedings - probably in San Francisco. He needs to have a good immigration attorney or he will be ordered removed. If he has already file a I-589 asylum application he will need to support it with a LOT of supporting evidence. It is still possible to win an asylum case from India but the bar is substantially higher now that a Sikh is president of India than it was when Mrs. Gandhi was president. That does not mean that all persecution of Sikhs has ceased. Nor does it mean that the "new" government is able to protect the persecuted. The most likely relief for this friend of your friend is to marry a U.S. citizen for all the right reasons - love & romance. They will then need to consular process through the U.S. consulate - most likely in New Deli, India.
Under the new I-601A rules it is possible he could have an approved waiver before he returns to India for his immigrant visa interview. This is only possible if the immigration court case is terminated or administratively closed.
If this is not possible - the final immigration court hearing (where he will likely be ordered removed or granted voluntary departure), could be timed conveniently with the interview in India. If he is able to put together a strong I-601 hardship waiver application and there are no other inadmissibility issues lurking - he will likely return to the U.S. within months rather than years to live happily ever after with his U.S. citizen spouse.

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