Applying for a green card?

[karenlee888]

My brother has been married to a gal for almost four years from Brazil. She came here illegally almost 20 years ago. She just got off a plane and walked into the US. They have a baby together. My brother is an American citizen. Can she still apply for a green card? She can't leave the country because it will cause a hardship with a three year old. Their daughter was born in America. Do they have options?

 

[LdiJ]

My brother has been married to a gal for almost four years from Brazil. She came here illegally almost 20 years ago. She just got off a plane and walked into the US. They have a baby together. My brother is an American citizen. Can she still apply for a green card? She can't leave the country because it will cause a hardship with a three year old. Their daughter was born in America. Do they have options?

The marriage definitely gave them the opportunity to change her status and get her a green card. Why has your brother not done something about that? Its time for them to see an immigration attorney.

 

[FlyingRon]

The marriage definitely gave them the opportunity to change her status and get her a green card. Why has your brother not done something about that? Its time for them to see an immigration attorney.

The problem is that she is going to have difficulty changing status when she entered illegally. Definitely need an immigration attorney. Whe you say she is here illegally do you mean she didn't have a visa or other authorization when she entered or are you saying she came on something like a student/visitor visa and just stayed past the authorized stay?

 

[LdiJ]

The problem is that she is going to have difficulty changing status when she entered illegally. Definitely need an immigration attorney. Whe you say she is here illegally do you mean she didn't have a visa or other authorization when she entered or are you saying she came on something like a student/visitor visa and just stayed past the authorized stay?

Since she came in on a plane it would be difficult for her to have entered illegally...if not impossible. You have to go through customs when you come in on an international flight.

 

[FlyingRon]

Since she came in on a plane it would be difficult for her to have entered illegally...if not impossible. You have to go through customs when you come in on an international flight.

I suspect that is the case, but that is why I asked (since the poster said the opposite, but I suspect he was mistaken).

 

[karenlee888]

Applying for a green card

My brother is working on improving his financials. Probably next year. A long time ago, she brought a ticket from brazil and it made a transit in San Francisco and she simply walked out of the airport and boarded a bus. She never got a visa to enter the country. Is it possible she doesn't have to leave the country to change the status? They are worried if she leaves she can't come back to her daughter.

 

[FlyingRon]

My brother is working on improving his financials. Probably next year. A long time ago, she brought a ticket from brazil and it made a transit in San Francisco and she simply walked out of the airport and boarded a bus. She never got a visa to enter the country. Is it possible she doesn't have to leave the country to change the status? They are worried if she leaves she can't come back to her daughter.

I'm still having a hard time beliving your story. You don't get a visa once you get to the US. An airline is entirely reticnet to carry passenges that don't already have the paperwork for at least a temporary entry into the desitnation. It makes no difference at all anyhow as to our suggestion, she needs an attorney. If she indeed entered illegaly, she can not adjust her status while in the US. If she entered legally an overstayed, she can. However in either case there are other issues involved.