Still no complete answer for my situation...

[mmm_2000]

What is the name of your state? California

This message comes from a friend (who doesn't know much about forums on internet, so I helped him out).

He came in 2002 on a 6 months J1 visa. He decided to continue the college in US so he applied for a F1 visa. He also got a waiver for the "2 years return to his country requirement". He never went to school and he stoped following up the F1 visa process. He works now and he plans to marry a green card holder.
I know he cannot get any benefits (no green card, no work permit, no school tuition, no travel to outside of US) until she becomes a citizen, so she can petition for him.
His questions :

1. What will be his status now ? I think he is no longer in a pending F1 status. J1 status expired. Is he going to have a legal status after he marries the green card holder ? Or is he going to be put on deportation if INS find out his address?

2. What is your advice ? Should he keep on staying in the "dark" until she gets her citizenship ?
What are his options ?

Please help ! I coundn't find an answer in the other postings...

 

[Shay-Pari'e]

What is the name of your state? California

This message comes from a friend (who doesn't know much about forums on internet, so I helped him out).

He came in 2002 on a 6 months J1 visa. He decided to continue the college in US so he applied for a F1 visa. He also got a waiver for the "2 years return to his country requirement". He never went to school and he stoped following up the F1 visa process. He works now and he plans to marry a green card holder.
I know he cannot get any benefits (no green card, no work permit, no school tuition, no travel to outside of US) until she becomes a citizen, so she can petition for him.
His questions :

1. What will be his status now ? I think he is no longer in a pending F1 status. J1 status expired. Is he going to have a legal status after he marries the green card holder ? Or is he going to be put on deportation if INS find out his address?

2. What is your advice ? Should he keep on staying in the "dark" until she gets her citizenship ?
What are his options ?

Please help ! I coundn't find an answer in the other postings...

(QUOTE)He never went to school and he stoped following up the F1 visa process.(QUOTE)

You are on the wrong site. Most posters here will not "HELP" you/friend break the law.

 

[Shay-Pari'e]

mmm_2000
Junior Member Join Date: Dec 2004
Location: California
Posts: 2

Strange situation... $1000 question ?

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What is the name of your state? California

I'm helping a relative...

She came in US on a J1 visa and she went out of status a couple of years ago. She finally found a "great guy", citizen and she married him only after a couple of weeks. He said he is going to help her get her residency. She got an attorney to help her with the petition. A couple of days after she payed the attorney $1000 (that's his one time upfront fee for guiding her through the entire process) she found out that her husband was in fact a drug addict and he went back to jail for a couple of months. She then filed a divorce and got it after less than a year.

Her question:

1. Is she entitled to get back the $1000 that she paid to that attorney ? She is divorced now and can't apply for a green card so she won't need that lawyer no more.

She didn't filed any paperwork. All the attroney did for her is "spend" about 15 minutes with her at their first and last meeting when he asked her to pay the entire fee of $1000 upfront and in the contract (there is one) says that the fee is non-refundable ! She wrote him a check. He never returned her calls after he found out that she is going to divorce and not go with the petition.

2. Does she have any chances to get her money back in a small claim court ?

3. She is now an illegal immigrant, can that attorney get her deported by telling INS her address, if he gets sued?

She worked really hard for those money...

You have serious problems.

 

[AHA]

Do you have ANYONE in your family or circle of friends that follows the law?????????
Don't expect decent citizens and legal immigrants to help your relatives and friends fraud the system further! You've got some nerve!!

 

[mmm_2000]

*******************************************************
Do you have ANYONE in your family or circle of friends that follows the law?????????
Don't expect decent citizens and legal immigrants to help your relatives and friends fraud the system further! You've got some nerve!!
*******************************************************

Knowing the law and how it works doesn't mean they "fraud the system" !
If they are or became illegal immigrants that doesn't mean they have no right to know the law.
Are you saying that for example an illegal mexican lady immigrant who gets beat up by her boyfriend or husband has no right to go to the police and file a domestic violence complain ??!!

 

[Happy Trails]

*******************************************************
Do you have ANYONE in your family or circle of friends that follows the law?????????
Don't expect decent citizens and legal immigrants to help your relatives and friends fraud the system further! You've got some nerve!!
*******************************************************

Knowing the law and how it works doesn't mean they "fraud the system" !
If they are or became illegal immigrants that doesn't mean they have no right to know the law.
Are you saying that for example an illegal mexican lady immigrant who gets beat up by her boyfriend or husband has no right to go to the police and file a domestic violence complain ??!!

I definately think she should take him to small claims court and tell all this to the Judge.