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Original poster

DS living illegally in USA

116 replies

WorriedFfamily · 24/01/2025 21:52

DSister met someone on Tinder and moved to The USA on a normal tourist visa (3 months I think it was?) in 2021 to see them. Fell in love and ended up staying illegally. They split up and DS started a relationship with and moved in with someone else. DS is still there illegally.

The current boyfriend works in immigration and seems to think that despite DS having been there illegally for a while now if they get married she can legally become an American citizen. DS has said she hasn't looked into it as she trusts boyfriend and he works with immigration and his firm are willing to support the application to become a legal citizen. DS has also said they have all the forms and just need to get married to start the process.

From my Googling it would seem they can get married but DS will have to leave and apply for citizenship from home (The UK). But then she'll be caught as an illegal when she's leaving so would she be allowed back into The US? I don't think she's even willing to leave anyway so that's all a bit moot.

DM and rest of family are so worried but don't know enough about becoming an American citizen. To me, this seems dodgy but DS will just get stroppy if we keep asking questions and say why can't you just be happy for me? Which yes we are as long as this gets sorted. Does anyone know the process, is it as easy as she's saying? I'm hoping if we're armed with the facts she might listen to us. Obviously the Trump administration could change everything anyway but as it stands is it really that easy to become a citizen as long as you marry an American? Are we being unreasonable to think it's not as easy as she seems to think?

OP posts:
mathanxiety · 25/01/2025 00:51

The process is all laid out in plain English on the USCIS site.

Your sister has done a really stupid thing.

Christmasandallthetrimmings · 25/01/2025 00:38

Mumtobabyhavoc · 25/01/2025 00:34

To avoid detention and formal deportation at the US airport.
If you go to Canada you only meet Canadian Immigration and have no chance of interacting with US authorities unless you are in the system with charges and as long as you tell the truth.
Unless legal advice from a good immigration lawyer is to stay (and presumably get married now) and the apply to stay I'd contact the UK consulate for assistance.

I've never heard of anyone being detained for trying to go home, but I guess there could be some record of it happening somewhere. İt was quite simple for me to book a flight and come back, until I got the the check in and my luggage was overweight! I ended up missing my flight and being checked onto one the next day. A lovely check in assistance from Aruba Airlines saw me struggling and booked me into the airport hotel and paid for my extra stuff to come with me. Looking back I probably didn't need all those things, but moving country I felt like I wanted to bring all the love and care I'd be shown back with me.

Christmasandallthetrimmings · 25/01/2025 00:35

Mumtobabyhavoc · 25/01/2025 00:10

Sorry, I didn't mean to seem that way to you personally. 💐

I do think you were lucky, though. You situation is not guaranteed for all. Trump presidency v2 appears to be much more severe right off the bat.
The rules are in place for immediate deportation without hearing. Legal advice should be sought sooner rather than later. There's no way I'd try just keeping my head down and hoping for the best.

No it's okay, no worries at all :) I don't feel I was lucky though because I was actively encouraged by all government agencies to sign up to xyz etc etc, so if there was any chance of harm to me for doing so, it wouldn't have been something they would have encouraged. Due to becoming pregnant there, I even have Medicaid, I had a food stamps cards etc, and a healthy food card. I don't live there any more, but I could go back with my daughter and restart those schemes, even on a tourist visa. Not that I want to live that way with a child. The general advice is just to stay out of any kind of legal trouble, like driving violations or fights. Don't get me wrong, I did panic a lot sometimes about signing up for things, or going into hospital, but people just smiled and laughed off my concerns and said İCE weren't after people like me.

Just reading what's been going on and it seems Trump is targeting people who have come over the border in the past two years, rather than established people.

Mumtobabyhavoc · 25/01/2025 00:34

To avoid detention and formal deportation at the US airport.
If you go to Canada you only meet Canadian Immigration and have no chance of interacting with US authorities unless you are in the system with charges and as long as you tell the truth.
Unless legal advice from a good immigration lawyer is to stay (and presumably get married now) and the apply to stay I'd contact the UK consulate for assistance.

SeaToSki · 25/01/2025 00:29

https://www.uscis.gov/sites/default/files/document/guides/A2en.pdf

this is the current government guidance. I would suggest DS needs an immigration attorney sharpish

https://www.uscis.gov/sites/default/files/document/guides/A2en.pdf

kirbykirby · 25/01/2025 00:21

There is a tearjerker film about this scenario; "Like Crazy" 2016.

Rachmorr57 · 25/01/2025 00:11

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Backofthenet20 · 25/01/2025 00:10

wordler · 24/01/2025 22:17

As long as she entered legally - tourist visa or ESTA then she should be able to apply for a change of status and apply for permanent residence status which results in a green card if she marries an American citizen.

But she absolutely must not leave the country before the green card is in hand. If she leaves then she has become an overstayer and will face a ban before being able to return to the US.

But this is not the time to be delaying on this with the current administration.

She needs to get married ASAP - like today. And then as soon as possible file the paperwork for an adjustment of status. The application may take 8-10 months but as soon as it’s lodged she becomes ‘legal’ until a decision is made. If she applied for a temporary work permit - an EAD I think it’s called with the initial paperwork she may even get a work permit within three months to enable her to work legally while she waits for the decision on her greencard.

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Finally a post by someone who actually has posted good advice

Mumtobabyhavoc · 25/01/2025 00:10

Sorry, I didn't mean to seem that way to you personally. 💐

I do think you were lucky, though. You situation is not guaranteed for all. Trump presidency v2 appears to be much more severe right off the bat.
The rules are in place for immediate deportation without hearing. Legal advice should be sought sooner rather than later. There's no way I'd try just keeping my head down and hoping for the best.

Catofthesouth · 25/01/2025 00:07

Bigcat25 · 24/01/2025 23:33

Sorry if this is a dumb question, you mean a contact for fake ID? Why don't you want people to know who you are? I'm not American, but nobody would use a SIN as ID here.

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not in the uk but abroad. Hash shop for example in Amsterdam! Nothing sinister xx

Christmasandallthetrimmings · 25/01/2025 00:05

Mumtobabyhavoc · 25/01/2025 00:00

Being illegal in the States due to overstay won't bar you from entering Canada. You'll likely be interviewed and allowed to book passage to your home country. Based on our current tensions with the US our immigration won't likely refuse entry to a Legal Brit unless you pop up with warrants or convictions in the states. I'd be absolutely honest and ask for assistance to return to the UK. There are several UK gov't offices here, so contacting one for advice prior to attempting entry to Canada would also be smart.

Edited
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Why would she need assistance to return to the UK from another country, when she could just hop on a plane wherever she is to England? She's not seeking political asylum...

Christmasandallthetrimmings · 25/01/2025 00:03

Chuchoter · 24/01/2025 23:59

Are you sure it's not a truck doe her to marry him and then get booted out of America and he comes to the U.K.?

She needs to be earning over 37k or something like that for him to come on a spouse visa. Then also she will have had to have been a resident quite a while first. İf he's got a decent job in The USA why would he go to great lengths to come to rainy old England and enjoy our stagnant wages?

izimbra · 25/01/2025 00:01

Rocksaltrita · 24/01/2025 22:07

Really? She’s managed to stay there all that time and never come to the attention of the authorities? Hasn’t needed any medical care, had a smear, hasn’t needed to leave for a funeral in the UK, hasn’t had a bank account or a driver’s license? Interesting…

Some undocumented migrants have been in the USA for decades...

Mumtobabyhavoc · 25/01/2025 00:00

wythamwoods · 24/01/2025 23:53

You used to be able to drive to and from Canada using all kinds of back roads to avoid passport control and immigration but I’m told that isn’t so easy these days.

Show quote history

Being illegal in the States due to overstay won't bar you from entering Canada. You'll likely be interviewed and allowed to book passage to your home country. Based on our current tensions with the US our immigration won't likely refuse entry to a Legal Brit unless you pop up with warrants or convictions in the states. I'd be absolutely honest and ask for assistance to return to the UK. There are several UK gov't offices here, so contacting one for advice prior to attempting entry to Canada would also be smart.

Chuchoter · 24/01/2025 23:59

Are you sure it's not a truck doe her to marry him and then get booted out of America and he comes to the U.K.?

Christmasandallthetrimmings · 24/01/2025 23:53

Mumtobabyhavoc · 24/01/2025 23:43

Fair that was your experience. That doesn't mean it will be the same for all. And definitely not under this new MAGA regime.
You also have to remember not everyone is in a sanctuary city or state. Those will be targeted because schools and other previously off limits places for ICE are no longer protected. Nothing should be taken for granted now.

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You edited your comment so I've only just seen this....my experience was under the MAGA regime. Trump was always saying in the news that he was coming after xyz and sending İCE here there and everywhere, and nothing happened..they're more likely to go after gangs, criminals and traffickers.where would they suddenly get funding to go after every single undocumented in the country when there are literally millions...unless you've experienced it yourself then I don't know why you're trying to teardown my input. I wasn't in a safe anything.

wythamwoods · 24/01/2025 23:53

Mumtobabyhavoc · 24/01/2025 23:29

I'd take my chances driving to Canada and flying to the UK from there. Then I'd trrrrryyyy my luck at a proper US residency application. It won't likely happen, because you can't fake an earlier departure date, but at least you won't have the arrest, detention and deportation to deal with - not to mention looking over your shoulder and wondering if someone will turn you in. That will happen.

Per previous poster legal advice would be best.

https://www.gov.uk/world/british-embassy-or-high-commission-canada

Edited

You used to be able to drive to and from Canada using all kinds of back roads to avoid passport control and immigration but I’m told that isn’t so easy these days.

Mumtobabyhavoc · 24/01/2025 23:52

This is also worth reading in addition to speaking with a good immigration lawyer before rules change:

https://citizenpath.com/paths-to-legal-status-undocumented/

Christmasandallthetrimmings · 24/01/2025 23:50

Mumtobabyhavoc · 24/01/2025 23:43

Fair that was your experience. That doesn't mean it will be the same for all. And definitely not under this new MAGA regime.
You also have to remember not everyone is in a sanctuary city or state. Those will be targeted because schools and other previously off limits places for ICE are no longer protected. Nothing should be taken for granted now.

Edited
Show quote history

I said there are thousands and thousands of undocumented immigrants with their details on the system. That wasn't my experience, that was fact. Along with all the other many many undocumented people I met in similar situations and all the local people saying you've got nothing to worry about as long as you don't get into trouble with the police. Because they know the lay of the land. İt isn't just my experience, it was common knowledge out there. I only know one person out of hundreds I met who ended up in a detention centre, but then was let out. That's only because she lost her way and ended up in a relationship where the guy accidentally shot himself, so the police showed up. İt costs a lot of money and time to deport someone, they're not going to just go after random individuals living with their boyfriends.

Christmasandallthetrimmings · 24/01/2025 23:45

BabysittersClub · 24/01/2025 22:22

My SIL has lived in the USA illegally since before I met my dh in 1999. I'm not sure exactly his long. She has dc of 25 and 21. They were born in a private hospital.

She 'couldn't be bothered' to apply for citizenship when Obama had an amnesty.

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Once her eldest child 21 she would have been able to apply for a Green card as the relative of an adult US citizen.

Mumtobabyhavoc · 24/01/2025 23:43

Christmasandallthetrimmings · 24/01/2025 23:38

No it won't...the amount of undocumented citizens out there is huge. They are working, paying taxes and getting support, so are all on the system and no-one blinks an eyelid.or chases them up. Ones with children are on government support programmes. You don't need a visa to pay taxes. Even the police aren't bothered. I was checked into a homeless shelter with a police officer next to the admin staff who was doing all my paperwork.

Show quote history

Fair that was your experience. That doesn't mean it will be the same for all. And definitely not under this new MAGA regime.
You also have to remember not everyone is in a sanctuary city or state. Those will be targeted because schools and other previously off limits places for ICE are no longer protected. Nothing should be taken for granted now.

Christmasandallthetrimmings · 24/01/2025 23:40

GoldenGail · 24/01/2025 23:37

Yeah. I did it for nine years

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Believe it or not they have smears in the USA, as well as driving exams, some public hospitals which don't require insurance and banks...

Christmasandallthetrimmings · 24/01/2025 23:38

Mumtobabyhavoc · 24/01/2025 23:29

I'd take my chances driving to Canada and flying to the UK from there. Then I'd trrrrryyyy my luck at a proper US residency application. It won't likely happen, because you can't fake an earlier departure date, but at least you won't have the arrest, detention and deportation to deal with - not to mention looking over your shoulder and wondering if someone will turn you in. That will happen.

Per previous poster legal advice would be best.

https://www.gov.uk/world/british-embassy-or-high-commission-canada

Edited

No it won't...the amount of undocumented citizens out there is huge. They are working, paying taxes and getting support, so are all on the system and no-one blinks an eyelid.or chases them up. Ones with children are on government support programmes. You don't need a visa to pay taxes. Even the police aren't bothered. I was checked into a homeless shelter with a police officer next to the admin staff who was doing all my paperwork.