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?

https://www.irishtimes.com/news/world/us/us-crackdown-on-illegal-irish-intensifies-in-boston-1.3322514 This article is about the Irish, but my point is that some overstayers in the US really are from Developed countries!

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.?

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.

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

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?

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...

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

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.

Finally a post by someone who actually has posted good advice

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

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

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.

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.

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.

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

Your sister has done a really stupid thing.

Both options involve borders and passport control.

No matter the rules ‘before’

Its all change now

Trump wants all illegal’s out and hundreds have already been deported in the last few days

Eh if she's white, she's probably fine - he has a "type"

There is a lot of very bad advice on this thread, OP. Your sister needs to speak to an experienced immigration attorney. Her boyfriend sounds like he might not be good at his job.

I'm in Vancouver, BC and we watch the news very closely here. Watching Trump on LA news atm (re Palisades fires etc). Agree that there are immigration targets, hence the closure of the border to asylum seekers, but since he is newly emboldened and MAGA is much stronger now there are no guarantees.

@Christmasandallthetrimmings

This is just one search:

rjimmigrationlaw.com/resources/what-will-happen-if-i-overstay-my-visa-in-the-united-states/

There are people living illegally in the US for decades!

Here's another - and good luck to OP's sister.

www.boundless.com/immigration-resources/visa-overstay-forgiveness-explained/

Your sister is correct. There is a loophole as of now (although morally wrong in my view) that she can get married and adjust her status from an ESTA to a spousal greencard. All overstays of a spouse of an american citizen are forgiven (if the original entry to the US was legal) however she can't leave the country as this is processing.