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Old 07-01-2009, 06:44 AM
 
Location: North Texas
23,641 posts, read 31,345,812 times
Reputation: 26737

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Quote:
Originally Posted by BentBow View Post
Hmmmmm?

I was always taught differently, from a military background(my dad)
He would talk about the women from Vietnam, marrying service men and how it was their ticket to freedom, never to have to go back.
Marrying an American means you can apply for a green card but that is no guarantee you will actually get it. Also if you are illegal and marry an American the consequences of having been here illegally for years are the same as if you had not gotten married.

Marrying an American citizen confers no automatic status whatsoever. And you have to apply for a visa and be granted that visa before you travel here. Since I'm anti-illegal immigration I wanted to learn about the "right" way to immigrate to the US so I studied the USCIS website and have read legal immigration forums and have read sob story after sob story of American citizens attempting to legalize their illegal spouse's status then seeing their illegal spouse sent back home to sit out a 1, 3, or even 10 year ban. I have also seen the sob stories of people whose foreign spouses cannot get a visa to the US due to criminal backgrounds, mental illness, etc.
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Old 07-01-2009, 02:35 PM
 
Location: Ann Arbor, MI
804 posts, read 1,177,724 times
Reputation: 137
Quote:
Originally Posted by BigDGeek View Post
Marrying an American means you can apply for a green card but that is no guarantee you will actually get it. Also if you are illegal and marry an American the consequences of having been here illegally for years are the same as if you had not gotten married.
This is not true, I think this is one of the places in immigration law where how you entered the country and became an illegal comes into play. I know of several people who have been able to get permanent residency after they got married, and they were here illegally, but they were visa overstays, not border crossers.

Quote:
Marrying an American citizen confers no automatic status whatsoever. And you have to apply for a visa and be granted that visa before you travel here. Since I'm anti-illegal immigration I wanted to learn about the "right" way to immigrate to the US so I studied the USCIS website and have read legal immigration forums and have read sob story after sob story of American citizens attempting to legalize their illegal spouse's status then seeing their illegal spouse sent back home to sit out a 1, 3, or even 10 year ban. I have also seen the sob stories of people whose foreign spouses cannot get a visa to the US due to criminal backgrounds, mental illness, etc.
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Old 07-02-2009, 07:20 AM
 
Location: North Texas
23,641 posts, read 31,345,812 times
Reputation: 26737
Quote:
Originally Posted by Kellem View Post
This is not true, I think this is one of the places in immigration law where how you entered the country and became an illegal comes into play. I know of several people who have been able to get permanent residency after they got married, and they were here illegally, but they were visa overstays, not border crossers.
I think you will find the nature of your entry and the length of your overstay come into play no matter what your marital status, age, or country of origin. That is true of anyone, not just people marrying Americans. My point stands that marrying an American does not confer any automatic or special status whatsoever. People who sneak in are treated more harshly under the law than visa overstays. People who have overstayed a visa or have been here illegally more than 180 days are treated more harshly than people who have not. The longer you have been here illegally, the worse it gets.

Research the sob stories.
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Old 07-02-2009, 03:44 PM
 
Location: Ann Arbor, MI
804 posts, read 1,177,724 times
Reputation: 137
Quote:
Originally Posted by BigDGeek View Post
I think you will find the nature of your entry and the length of your overstay come into play no matter what your marital status, age, or country of origin. That is true of anyone, not just people marrying Americans. My point stands that marrying an American does not confer any automatic or special status whatsoever. People who sneak in are treated more harshly under the law than visa overstays. People who have overstayed a visa or have been here illegally more than 180 days are treated more harshly than people who have not. The longer you have been here illegally, the worse it gets.

Research the sob stories.
Yeah, I think what you say is correct, but what you posted in the prevous post is:

"Also if you are illegal and marry an American the consequences of having been here illegally for years are the same as if you had not gotten married."

And I think that is incorrect, there are different consequences for IA at the different categories you mention, if they are married to a U.S. citizen than if they are not.

For example in a case I have been following, a visa overstay was cited to an immigration court because he was out-of-status, but his son was about to turn 21. Had his son not been about to turn 21 he would have been deported, but since his son IS about to turn 21, and it's about to be eligible to sponsor him, the judge let him stay. This case is not exactly like the marriage case, but you understand what I'm trying to say, right?
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Old 07-02-2009, 04:43 PM
 
Location: North Texas
23,641 posts, read 31,345,812 times
Reputation: 26737
Quote:
Originally Posted by Kellem View Post
Yeah, I think what you say is correct, but what you posted in the prevous post is:

"Also if you are illegal and marry an American the consequences of having been here illegally for years are the same as if you had not gotten married."

And I think that is incorrect, there are different consequences for IA at the different categories you mention, if they are married to a U.S. citizen than if they are not.

For example in a case I have been following, a visa overstay was cited to an immigration court because he was out-of-status, but his son was about to turn 21. Had his son not been about to turn 21 he would have been deported, but since his son IS about to turn 21, and it's about to be eligible to sponsor him, the judge let him stay. This case is not exactly like the marriage case, but you understand what I'm trying to say, right?
Yes, and the example you gave is completely irrelevant to the point I made.

The judge was also completely wrong to let the dad stay. He should have thrown his butt back over the border. This ruling probably came down either after he applied for a visa and was denied, or after he was arrested and about to be deported. The son can apply to sponsor him, and the USCIS can still turn him down. He can try, but you know the old saying...try in one hand, poop in the other, see which one fills up first.

You can marry an American all day long but if you are an illegal alien, the law does not offer you any protection. You can always win the judicial lottery and find a bleeding heart judge who will let you stay but the law as it stands offers: No. Special. Status. Or. Protection. Whatsoever.
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Old 07-03-2009, 09:11 AM
 
47,576 posts, read 58,949,633 times
Reputation: 22174
Quote:
Originally Posted by BigDGeek View Post
Yes, and the example you gave is completely irrelevant to the point I made.

The judge was also completely wrong to let the dad stay. He should have thrown his butt back over the border. This ruling probably came down either after he applied for a visa and was denied, or after he was arrested and about to be deported. The son can apply to sponsor him, and the USCIS can still turn him down. He can try, but you know the old saying...try in one hand, poop in the other, see which one fills up first.

You can marry an American all day long but if you are an illegal alien, the law does not offer you any protection. You can always win the judicial lottery and find a bleeding heart judge who will let you stay but the law as it stands offers: No. Special. Status. Or. Protection. Whatsoever.
That's where the laws on sponsorship need to be reformed. It's unlikely the son has any intention of providing that man a health insurance policy or providing for him. That will be for the taxpayers.

Family sponsorship should be limited to legal spouse and minor children.

A lot of people are using our foolish laws to come here, give birth and even return home with that piece of paper in hand to pull out at a later date when they can use that US citizen to sponsor them for their retirement here with all the many government handouts providing them a much better retirement than their country would give them where they might have been expected to save for it.
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Old 07-03-2009, 06:49 PM
 
Location: Travelling
122 posts, read 132,279 times
Reputation: 42
It amazes me that so many people are so hateful toward "illegal immigrants" who are in this situation.

She has an American family. It is a special kind of person to blindly apply the law without giving consideration as to why there is a law in the first place. Was this law put in place to take mothers or fathers or husbands or wives away from their families? What kind of society are we if this is a correct application of the law? To all you conservatives who stress "family values" and the "family image"- how can you justify this being a prudent step in the right direction?
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Old 07-03-2009, 06:54 PM
 
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 16,260,652 times
Reputation: 4611
Quote:
Originally Posted by evil leftist dogma View Post
It amazes me that so many people are so hateful toward "illegal immigrants" who are in this situation.

She has an American family. It is a special kind of person to blindly apply the law without giving consideration as to why there is a law in the first place. Was this law put in place to take mothers or fathers or husbands or wives away from their families? What kind of society are we if this is a correct application of the law? To all you conservatives who stress "family values" and the "family image"- how can you justify this being a prudent step in the right direction?
Get educated on the main issues of illegal immigration
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Old 07-04-2009, 12:14 AM
 
47,576 posts, read 58,949,633 times
Reputation: 22174
Quote:
Originally Posted by evil leftist dogma View Post
It amazes me that so many people are so hateful toward "illegal immigrants" who are in this situation.

She has an American family. It is a special kind of person to blindly apply the law without giving consideration as to why there is a law in the first place. Was this law put in place to take mothers or fathers or husbands or wives away from their families? What kind of society are we if this is a correct application of the law? To all you conservatives who stress "family values" and the "family image"- how can you justify this being a prudent step in the right direction?

I think you should lecture the husband and kids of this woman. Rather than stay together, they stay here while she's sent home. Why? Most likely money.

You should ask what kind of family would prefer money over their own loved one? It's not much of a family in this case.

There are fiance visas, there is a legal process already in place to bring in a spouse legally.
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Old 07-04-2009, 12:19 AM
 
47,576 posts, read 58,949,633 times
Reputation: 22174
Quote:
Originally Posted by sergeyn View Post
I think that in this situation the rights of the American husband were violated.

Why is it that an AMERICAN cannot marry ANYONE he or she wants and stay with them in AMERICA? As an American, I think it is my right to marry anyone I want and live with them in MY country.

In other words, you can look at the issue purely in terms of the American husbund's rights, not even considering his foreign wife. The Government has clearly created tremendous hardship for an American citizen. Therefore, it did a lously job.
Nothing is stopping this man from living with his wife in her country either.

For there to be a ten year ban, there is a reason. If they had done things legally then there would be no problem. Mexico also has a ten year ban if you're caught living there illegally so where are all the rants about Mexico?

There are a number of people with deported spouses. If you marry an illegal who is picked up for 3 DWI's, do you know they can and sometimes (rarely of course) are deported?

If the marriage is real, then the spouse would move to the other country because love doesn't only take place in the USA.

Or there is another option and that is living on the border and visiting often.
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