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?

There are changes afoot though aren’t they, I can’t pretend to know them if honest and my relatives moved to the USA in the very early 1990’s and had all the correct paperwork.

Plus you have said he works in immigration services, doesn’t mean he is good at his job. He could be on the lowest rung of the ladder and not know much at all.

I read they are tightening up the Canadian border as don’t want an influx of undocumented people.

Its a very bad time to be an illegal in America.

This. Couple of commenters have said whiteness matters, which is very true. But it needs to be OECD whiteness, which she is, so that helps. My whole family were immigrants, so I've seen all this up close. Do what wordler says: get married instantly, apply for a change in status, and do not leave the country. When dealing with the bureaucrats have limitless patience and polite friendliness, and dress in business casual. The boyfriend is not wrong, or not necessarily wrong, but they do need to get this process moving. Having a sponsor is a vital step, too, so it's good his firm says it will step up. Use that before they change their minds.

First of all, you are confusing residency and citizenship. She can’t become a US citizen just by getting married to a US citizen. She would need to be an LPR - aka green card holder - (and remain married to the same US citizen, living in the US) for 3 years before she can apply for citizenship. It’s 5 years if you’re not married.

Since she entered legally (likely she entered on the VWP as you mentioned “3 months” although the VWP is actually 90 days and it’s not a visa) she can adjust status if she gets married to a US citizen. Overstay is forgiven for spouses of US citizens when they adjust status, as is illegal working. So she needs to get married, file for adjustment of status, and get her green card. She will then be a lawful permanent resident, not a citizen.

She should not leave the country unless she has no desire to return. If she leaves before her AOS is processed, it will be abandoned and she will be banned from re-entering for a certain period of time, depending on how long her overstay is. At this stage she’s looking at a 10-year ban.

I’m an American living in the US and have some involvement in immigration matters in my day job.

I was thinking more of avoiding the inconvenience of queues at the border as we used to do when I was a child but I take your point.

@wythamwoods the lines haven't changed. 😂
Are you Canadian now in UK?

Agreed. Although the sister may not be in a "targeted" group or city, the rules have changed. Seems like a combo of Hunger Games and Handmaid's Tale with the bizarre reality tv aspect and using all levels of enforcement:

https://chicago.suntimes.com/live/ice-raids-immigration-chicago-sunday

No.

Just wandering if your DS is still in USA

I don't think amnesties are on Trump's agenda! Indeed, there is a massive cull deportation push at the moment.

Just remind her, when she gets her green card, that she needs to be careful never to say anything that could be deemed to be against US foreign policy (as it may change, from time to time) or she can have her green card immediately revoked and be detained/deported.

(Although yeah, whiteness means less of a risk).

Yep still there. We've given up worrying now, she's going to do what she's going to do and it's her mistake to make. Still seems convinced they're getting married and that will allow her to work, but don't appear to have any solid marriage plans when questioned so 🤷‍♀️

Thanks for letting me know. It must be a worry.

This is such a bizarre comment- do you think people only marry young and beautiful?
Im pretty sure in the UK a lot of average looking and older people marry, US is not that different.

Being ilegal in the US you can't get a proper job, you'll be doing very limited cash in hand work where you will be somehow exploited as you're in a vulnerable situation and people know. won't be able to open a bank account, leave the country, pay into your social security or build a pension, and you'll always be afraid of deportation, it's quite a sh-it place to be. I don't understand why given the oportunity to get a greencard she chooses not too. Relationships come and go, they may be in love now but they may not in 6 months. Tell your daughter to wisen up.

My daughter overstayed her tourist visa to america by 1 year, her dad lives there. It was fine, she went back to visit him last Month but she had to go to the embassy for an interview before she traveled to ensure she would be let in. It was fine just questions about why she stayed so long and reasons for visiting again.

I think this has been under-reported, particularly in the UK, but foreign nationals who stay in the US for longer than 30 days are now required to register with the Department of Homeland Security.

Failure to register is punishable by fines and/or imprisonment.

https://www.ndtv.com/world-news/us-homeland-security-donald-trump-leave-now-a-30-day-warning-for-foreign-nationals-staying-in-us-8153704

The US government is warning unregisted foreign nationals to self-deport now.

Were I your sister, I'd be out of there.