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?

If he works for a legal firm, I'm sure she'll be fine. They'll be abreast of the latest changes.

I'd have the firm 'officially' handle her case, though. Not just do 'silent advising'. Like I said, things are in flux here and if the shit should hit the fan about people being 'deported to file' having an 'official' lawyer attached to her file may be a factor in whether or not she has to leave.

I didn't work for ICE, but I did work for the Govt. And I can tell you that cases with attorneys tended to be handled with kid gloves, because no one wanted to end up in court. Cases with attorneys had higher approval rates, too.

He most likely has a green card now if he’s been in California since the 90s and has worked in ag/landscaping. California has had plenty of schemes and opportunities for people to get them over the decades because of the huge demand for that sort of labour.

Are you expressing skepticism of the OPs story? There are actually quite a lot of situations like this. It is not uncommon!

This is actually very common in the states. I know of at least 4 people who went to America and overstayed their visit for longer than this.

i have my friends fake social security card, she got it in uptown Manhattan. I have been known to flash it when I don’t want to say who I am. It cost 50 bucks. No problem if you know who to ask; loads of illegal brits! Any pub on Broadway in NYC you can get a contact.

@Rocksaltrita 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…

I lived 20 yrs in the US, You can perfectly have medical care (private), a smear, open a bank account and have a driving license if you're illegal, just DON'T leave for a funeral in the UK.

Your sister seems to be making silly decisions that can have serious ramifications.

Fortunately for her yes she can legally naturalize as a US citizen if she gets married to a citizen given she entered the US legally using a visa. If she entered illegally eg through the land border then she would have to leave and have an immediate 10 year ban. There are waivers that can be applied for in the case of marriage to a US citizen but it's complicated and it's usually advisable to engage an immigration lawyer.

I'm not really sure how relevant it is that her BF works for na immigration firm. I guess if he is an immigration expert or lawyer then his knowledge will be helpful but the company will not be involved in a way to sponsor his wife.

And I would advise the engage a lawyer just to make sure everything goes smoothly and because I think she will need waivers for any potential bans due to overstaying. If she can't afford it is unwilling to engage a lawyer then she needs to be ready to put in the work and time to research but from what I need she seems to be the type who keeps their head in the ground and avoids dealing with issues until it blows up.

There is only so much you can do, she's an adult and she and her BF need to sort it out.

www.rebeccablacklaw.com/visa-overstay-and-marriage-what-immigrants-need-to-know/

I live in the US. This is a disaster waiting to happen. She has no legal status and no health insurance.

To be honest, I'd be more worried about the lack of health insurance than legal status - what's the worst that can happen? They will deport her to the UK - not the hell holes other illegal immigrants will be deported to. But lack of health care could financially ruin her.

And if she needed to return to the UK in a hurry - well she will never enter the US again.

Nothing you can do though OP.

She needs professional advice. Not internet hearsay on MN

I overstayed and got deported. It wasn't fun, but it wasn't awful, a life experience.

IANAL but I think the thing about having to leave to apply for a new visa is only if they arrived illegally in the first place. OPs DSis entered legally and then overstayed so is in a slightly better position. However she needs a top quality immigration lawyer not a bit if Internet forum advice from strangers.

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

I hope he has. He's such a kind, gentle person. I hate to think he could be ill and alone with no care out there. He has worked in a garden centre too so surely must have paid taxes?

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.

Hi OP, I went through similar in The USA in recent years. Yes she can adjust her status there if they get married and he (or he and his family who are willing to support her) earns over a certain amount..but I don't know what it is. There's so many immigration lawyers out there, she can get the help and information she needs. She will be in the process for a Green Card, which is a permanent residency card. But it takes a while though, and she has to stay put. She can't even fly to a different state as they check your passport. After some years on a Green Card she can adjust to Citizen and get a passport. This was still possible under the previous trump administration, and as far as I know, no massive changes were made under Biden so it's the same system.

Yeah. I did it for nine years

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.

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...

This is also worth reading:

www.americanimmigrationcouncil.org/research/after-day-one-high-level-analysis-trumps-first-executive-actions

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.

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

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.

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/

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.

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.