DS living illegally in USA

[WorriedFfamily]

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?

I think she’s taking a risk declaring herself at this point. As soon as she marries or applies for citizenship or permanent residence, the authorities will ask for EVERYTHING: her social security number/TIN, her addresses, copy of her passport and visa, and from there they will ask for more and more. This is not the environment in which to go about declaring overstaying a 3-month tourist visa. She would be in a whole lot of tax and immigration trouble, the kind that gets you kicked out for good.

Personally I think she should lay low until a more favourable administration comes into power, if and whenever that happens. Trump is doing the Democrats‘ dirty work for them. I really can’t see borders ever being flung open again, with a welcome environment for any-comer.

What a mess she’s made for herself. Stupid, really.

The daughter of a friend of ours married a US Serviceman who was posted here in the UK - they married in the UK. It took ages for her to get the paperwork to be able to work in the US once he was posted back over there, she had multiple visits to the US Embassy in London and once they moved over there she couldn’t work for ages which caused no end of frustration.

Your DSis is potentially going to get into a lot of trouble if she is found out and in the current climate don’t be surprised if someone reports her.

Any chance of her leaving the US via Mexico/Canada without going through border control then getting back to the UK via a commercial freight ship rather than flying or via a normal passenger cruise ship.

From the worrying perspective OP, what's the worst that can happen? If she gets deported it will be back to the UK where she has family, a welfare state, and, probably, more opportunities work wise.

It's obviously not what she wants but its not the risk to life and a good future the way it would be for many undocumented immigrants in the US who are escaping violent crime and dire poverty.

It may have come to your attention that there are a lot of undocumented residents in the USA only right now the official policy towards them is especially hostile...

One of my cousins is an immigration lawyer (in USA). I could put you in touch with him (!!). He lived thru marrying a non-US citizen & helping other relatives with same problem. The part about leaving to come back to live in UK & await decisions was the experience another cousin had, too, rings true.

It's not easy process to even get a green card much less naturalised. One cousin ended up divorcing because her British spouse was banned from living in USA for 7 yrs (not for overstaying, he had something else dodgy in his past, I believe).

You really can only support your sister, I wouldn't try to control her decisions. The worst case scenario is she gets suddenly deported. Actually, worst case scenario is she gets deported but her American child stays over there. That problem goes away if she comes back to UK to avoid giving birth over there.

I know of a family like this. They'll never get back into the US again if they leave to come back to the UK, they move house regularly, never stay long in the same area etc, change jobs regularly...sad life. They've been there 40 years in the US now!

She needs to get married ASAP - like today.

fwiw, that is advice my immigration lawyer cousin gave to other cousin marrying a foreigner... was about 8 yrs ago, though, and that foreign spouse ended up barred from USA anyway.

Id certainly advise her to be very careful to avoid pregnancy until she’s sorted this mess out. Or she risks being deported without the child!

You can get a bank account, health care and, in some states, a driving license while an undocumented immigrant.

Thank you, this seems to match what she's saying, the adjustment of status and being able to work etc

She's mentioned the Canada thing before so she's aware it's an option, good to know that's possible. Thank you

I've lived in the US for 20 yrs, green card owner, similar situation to your daughter. She needs to go and get a marriage license and marry her BF asap, she can do it as long as she has a passport (even though she's illegal), only problem is her BF will have to sponsor her for a few months till she gets her greencard, he will need to show he pays his taxes and makes enough money for two. Once this gets sorted out she'll be called for an interview to make sure the marriage is real, once she gets her greencard she'll be able to get proper jobs. Being an ilegal immigrant, getting paid peanuts under the table, not being able to open a bank account etc.. is no life to live (specially with Trump now). Tell her to get married asap, it's perfectly doable. She's going to need an immigration lawyer too.

Are you genuinely unaware of how many 'undocumented' there are living and working in the USA? And I'm not talking about people who have entered the country illegally from Mexico or elsewhere, but people like the OP's sister who come over on tourist or student visas and just don't leave. Most of them work, and pay their taxes, and send their kids to public school. There are 10-15000 Irish undocumented alone, so probably multiples of this from the UK.

I think her main priority is being able to work so she may be talking about permanent residence and not citizenship

Many years ago my friend finally got an I (job) visa after living there illegally. She applied for a new passport so it was clear of stamps…. Came home but was so lucky to get back in, she was in plastic handcuffs at JFK on the way back in for a couple of hours. I won’t tell you how she got out without being noticed but she was able to say “not my fault if your records don’t show me leaving, clearly I did”.

she needs a specialist immigration lawyer fast. Things have changed, I think she’d be a fool not to spend five grand on her future. Good luck xx

Why? Do you know him?

I extended my tourist visa we used an immigration lawyer, So I ended up there a year legally. We got married before the year was up and applied for my green card. It all came out fine but I had legally extended from within the country, not sure they let you do that now. Citizenship takes years I had kids by then.

She is allowed to worry and want to helo her sister.

My friends parents lived there for over 40 years illegally.
Worked cash in hand jobs, lived in a trailer, so were never wealthy and could obviously never leave the country. But they accessed healthcare and lived comfortably for a long time.
They returned to the U.K. when neither could work any longer and had no means to support themselves.
It’s possible though not the best idea that she could stay illegally long term

I'm in the US. FWIW things are in such crazy flux right now that I wouldn't depend on anything staying the way it is. But if your DS's BF works 'in immigration' he may know whereof he speaks. But 'working in immigration' is a vague term. Unless he works for ICE, an immigration legal firm, or a reputable advocacy group, I don't know if I'd take his word. If he doesn't work for one of these three, she needs to take legal advice before doing anything.

Basically yes, if your sister marries a US citizen there is a pathway to a green card (permanent residence).

At this point (I mean today, right this very minute) if she's here illegally and married she won't have to leave the country to file for legal status. The expected change to having to leave before filing is aimed specifically at asylum seekers and 'others' who are here illegally, specifically those from and at the southern border. I can't see them seeking out and kicking a Canadian or a Northern European back across the northern border. In other words, if your sister is white and from the UK she's not who they're looking for. But again things are so crazy now, who knows who they'll 'come for' next.

Sorry OP, I don't have any advice.

What I will say though to other posters is that there are millions of people living illegally in the USA. Many of them are successful and run legal businesses, own homes and even pay taxes. It's not all about cash in hand jobs and relying on other people.

He works for an immigration legal firm. Honestly so glad I posted now, this is such a relief, it's difficult but CAN be done which is better than we thought!

What made her do that?????

What exactly is your mum worried about? I think it's normal/reasonable to be worried about her as a parent (my mum would also worry if I was doing this). If you break it down though, either they sort out the visa issues and it's fine. Or they don't Dsis is deported/prevented from reentering the country in which case she is back home with you her family. Yeah sure she would separated from a man she loves but there wouldn't be physical harm and she would be back with you and out of incredibly feckless relationship.
Actually the worst situation is if the current relationship dragged on indefinitely but still there are only two ways it would eventually resolve.
I am not saying you are wrong to worry. But if you look at what the worst case scenario is, it's still manageable/possible to recover from.

Play stupid games, win stupid prizes.