ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Can an Illegal Undocumented Alien Get a Green Card?

Updated on May 11, 2013

I have a friend, a Hispanic friend, who is here legally with Green card. Speaks good English, works steady makes $32,000 a year and probably will become a U.S. Citizen within a few months. He has a few kids, all Americans, born in California. That is not the problem.

His wife IS the problem. She is illegal and undocumented, speaks no English, does not work and stays at home with younger kids. She paid "coyotes", i.e., smugglers, to get her into America many years ago. In her first attempt, she paid $5000 for a fake Visa or Border Card. Even though the document had a photo of someone else, she took the chance. She was caught at the border when BP asked to see the Visa. They detained her, took her information and fingerprinted. She then was told to go back to Mexico. That was easy, she walked home to her place near Tijuana.

In another month, she paid another $3000 or so to get smuggled in. Not by car or plane, but by boat. The boat contained 20 people, all paying about the same amount or more. The loaded at night and the driver arrived rather drunk. Everyone was apprehensive with fear. The trip took much longer than normal because they got lost in the dark. Eventually, they landed somewhere near San Ysidro. She got out and walked miles to be picked up by relatives living in the area.

All this was years ago, before my friend had met and married her. Now, he would like to make her legal to stay after he becomes a U.S. citizen. Can she?

Since she has lived in the US illegally for over a year, things are much tougher, but the answer is yes BUT VERY time consuming.

Because she has tried once before and was caught and deported, she cannot apply for a Green Card in the US,like many can. She has to go to the US Embassy or Consulate in Mexico and they will see if she can be eligible of a K or V type visa. But, she can ONLY begin the process after showing proof she has lived outside the USA for 10 or more years. If she has not, she cannot even start. Why? Because she tried once and was caught and now resides illegally in the USA.

If she is not eligible for a visa, she must file a I-601 (Waiver of Inadmissibility) and a I-212 (Permission to Reapply for Admission) costing $585. The US Embassy will approve it or not. The 601, if granted, allows admission into the USA. The 212 is asking the USA permission to reapply.

The I-601 must be filed in the USA or at an US Immigration site outside. In her case, her best excuses are hardship because her kids are US citizens and need her. They don't want to live in Mexico. If she is caught, there is a high likelihood she would be deported because of the previous attempt. If that were to occur, the US could bar her from any reentry forever.

Like all legalities, the INS law is filled with exceptions based upon case nuances, for instance, if she had not tried to enter before or had not been caught and therefore no record, the time is reduced to living 5 years outside the USA.

For her, getting a Green Card will take a very long time IF she lives outside the USA, which I highly doubt. She will take her chances.

Comments

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)