# Long stay - but not legal



## Anxious_wife (Mar 11, 2013)

Question:

In certain countries in the world if you have lived there for a considerable amount of time say 15 or 20 years without any legal stay, you can qualify for discretionary stay/ residency given the long duration and say if you have established a family life there etc.

Does this apply for the USA also?


----------



## mamasue (Oct 7, 2008)

No. Sometimes an illegal stay can be forgiven if you're married to a US citizen.... but it depends on the circumstances.

Also, having a US born 'anchor baby' doesn't give you any rights of abode.


----------



## Anxious_wife (Mar 11, 2013)

mamasue said:


> No. Sometimes an illegal stay can be forgiven if you're married to a US citizen.... but it depends on the circumstances.
> 
> Also, having a US born 'anchor baby' doesn't give you any rights of abode.


Thanks for replying.

I read somewhere recently that this might change? Correct me if I'm wrong as it was only in passing that I read it, but something about Obama helping those immigrants who have lived illegally for a long time in the states to obtain work visas? Or is that only for young immigrants...

Thanks


----------



## twostep (Apr 3, 2008)

Anxious_wife said:


> Thanks for replying.
> 
> I read somewhere recently that this might change? Correct me if I'm wrong as it was only in passing that I read it, but something about Obama helping those immigrants who have lived illegally for a long time in the states to obtain work visas? Or is that only for young immigrants...
> 
> Thanks


Headlines change daily and immigration is a hot ticket. At this point an illegal with family in the US needs a very good attorney or as happened in Birmingham, AL the support of a whole town,

Is this what you are talking about?
Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS


----------



## Anxious_wife (Mar 11, 2013)

twostep said:


> Headlines change daily and immigration is a hot ticket. At this point an illegal with family in the US needs a very good attorney or as happened in Birmingham, AL the support of a whole town,
> 
> Is this what you are talking about?
> Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS


Yes I think so. So a lady approaching her 60s who has lived in the states for two decades who is an overstayer following a visit visa with no immediate family hasn't got a chance then...

I thought as much.

Thanks


----------



## twostep (Apr 3, 2008)

Anxious_wife said:


> Yes I think so. So a lady approaching her 60s who has lived in the states for two decades who is an overstayer following a visit visa with no immediate family hasn't got a chance then...
> 
> I thought as much.
> 
> Thanks


There is always a chance. It depends on the specific circumstances. I would start with a free consultation with a good immigration attorney.


----------



## koppazee (Mar 11, 2011)

If you are illegal in the USA and have been there for years, I strongly urge you to find a credible immigration attorney and speak with them before doing anything further. As others have said here, this new Obama immigration issue is very hot and will be a work in progress for quite some time to come. The future is yet to be seen, but an attorney will certainly know what the laws are today and what can be done under those laws. All the best and warm regards!


----------



## mamasue (Oct 7, 2008)

As far as I know, Obama's only giving immigration benefits to people who were brought here illegally , under the age of 18. 
I'm sure someone will correct me if I'm missing something.
I have a friend who was in this position, she came in the trunk of a car at age 11. She has now got some kind of legal status, at age 24. She has also married her USC boyfriend, so she's all set.

Maybe your friend can marry a USC, that might help!  Overstays are often forgiven if a person marries a USC.


----------



## twostep (Apr 3, 2008)

mamasue said:


> As far as I know, Obama's only giving immigration benefits to people who were brought here illegally , under the age of 18.
> I'm sure someone will correct me if I'm missing something.
> I have a friend who was in this position, she came in the trunk of a car at age 11. She has now got some kind of legal status, at age 24. She has also married her USC boyfriend, so she's all set.
> 
> Maybe your friend can marry a USC, that might help!  Overstays are often forgiven if a person marries a USC.


Has it not gotten around that marriage for immigration purposes is a Federal crime for all parties involved?


----------



## koppazee (Mar 11, 2011)

twostep said:


> Has it not gotten around that marriage for immigration purposes is a Federal crime for all parties involved?


Years ago, my nephew met a young lady at a NYC beach. She was from the Dominican Republic. They exchanged phone numbers and began you date. Her brother was living in Washington State and was getting married to an American woman. Although my "niece to be" and her family had lived here for years as illegals, they were never fearful of bring caught. Both of her parents were working illegally for different companies for years. 

As luck would have it, they took Amtrak from NY to Seattle to the wedding. During the ride through Oklahoma, the train stopped in the middle of no where. The Boarder Patrol got on with their dogs and were going through the train. Her parents were in one car while the niece to be and her illegal aunt were in another. The parents got caught while the niece and her aunt escaped. How they escaped exactly I have no idea. The parents spent months in a facility and were eventually deported. They were banned from the USA for I believe 12 years. The Niece to be married my nephew and they had two children. Each time the niece wanted to be with her family she had to go to the DR. She goes for a month or 6 weeks at a time. Not easy for anyone.

I do recall the story they told us about their interview for her Green Card. Stressful is a light understatement! And to think, we were worried about our French White Wedding interview. It was a walk in the park compared to what my nephew went through with his wife! Warm regards!


----------



## mamasue (Oct 7, 2008)

twostep said:


> Has it not gotten around that marriage for immigration purposes is a Federal crime for all parties involved?


I'm not suggesting anybody marries just for a GC.....but, as the lady's been here for a long time, she may not have to grab at the first man that comes along.
60 isn't too old to fall in love!!!


----------

