Undocumented immigrant story

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<p>I was actually talking about PRIVATE university admission, not about FA nor tuition. Bcs we are not a resident of any state, GMTson keeps getting referred to the admissions officers who deal w int’l applicants, even though they know we’re US citizens. </p>

<p>And, yes, I pay & file my US, state & local income taxes EVERY year, which is more than illegal aliens do. Spare me the argument that illegal immigrants pay sales tax. Even german tourists to Disney World pay sales tax. That doesn’t give them the right to skip the student visa line.</p>

<p>Quick question. I know a person can gain legal status through hetersoexual marraige but Can one gain citizenship through samesex marriage? </p>

<p>@zoosermom Do you have any stats or info from reputable sites for post #247 and the bottom half of post #316?</p>

<p>Newsie, is this what you’re looking for? This information is readily available and has been widely disseminated. On a purely personal note, if you read the news articles (AP had a good one yesterday) with a careful eye, you will see what educators (both professional and volunteer) are dealing with. We can’t educate these kid and they aren’t going to become productive members of American society.</p>

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<a href=“http://www.pewresearch.org/fact-tank/2014/07/22/children-12-and-under-are-fastest-growing-group-of-unaccompanied-minors-at-u-s-border/#more-261588”>http://www.pewresearch.org/fact-tank/2014/07/22/children-12-and-under-are-fastest-growing-group-of-unaccompanied-minors-at-u-s-border/#more-261588&lt;/a&gt;&lt;/p&gt;

<p>GMT7, what’s the problem then? American citizens whose file is reviewed by the international rep get about the same application boost as legacies. It’s as if a “developmental”'s parent were surprised to be referred to a Provost… and it’s a GOOD thing, it means the “boost” is factored in from the get-go.</p>

<p>(“international” for admission only has nothing to do with citizenship in almost all cases, only with where the student was educated, ie., international school/American school. Citizenship only comes into play at the financial aid level.)</p>

<p>I wasn’t going to argue anything about taxes, since I don’t know anything about immigrants’ tax situation, and especially wouldn’t have information to differentiate undocumented vs. on work permit vs. other types vs. permanent residents. </p>

<p>Depending on the state you live in, if you pay state & local taxes, you’d be considered instate for tuition purposes at your state’s public universities (in most cases - some states require more, such as valid driver’s license), while your kid would get the “international/diversity boost” of having their file reviewed by non-domestic area officers. Win-win for you.</p>

<p>Zoosermom, what do you mean, foreign kids under age 12 can’t be educated? I’d think they’re the easiest group to integrate and the fastest group to learn English. For teenagers, it gets harder the older they get - which is why it’s strange there’s such a fuss about those who DO rise above. </p>

<p>Finally, the notion that a child who’s spent their entire life in the US, has studied there, has respected American laws and rules, and “feels” American because that’s all they’ve ever known, has no legal way to legalize their presence here, makes no sense to me. It’s different from immigration - kids brought here as children aren’t immigrants. There should be a system similar to that which exists in other developed countries, whereby a child who’s been successfully enrolled in school for X number of years is automatically a permanent resident. (This, of course, does not apply to their parents.) It’d solve a lot of paperwork and time.</p>

<p>“Quick question. I know a person can gain legal status through hetersoexual marraige but Can one gain citizenship through samesex marriage?”</p>

<p>I recommend digging deeper in here:</p>

<p><a href=“Same-Sex Marriages | USCIS”>http://www.uscis.gov/family/same-sex-marriages&lt;/a&gt;&lt;/p&gt;

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My heavens. where did you get that from? We were talking about those in the late teens, not younger children. And I stand by that. These young people (almost exclusively male) have no history of literacy, their parents have no history of literacy. Additionally, they see themselves as men and have been on their own for a while. They are not being educated. They just aren’t and can’t be. I know because I work with them. This is one of the big differences between indigenous immigrants from Central America and illegal immigrants from China. The immigrants from China almost always understand the concepts of literacy and numeracy, whereas those things are completely outside the experience of many of the more recent immigrants from Central America. </p>

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<p>Apparently, America does not think Mr. Peralta’s particular talents are deserving of appreciation, because despite pleas from high-ranking government and Harvard Law School officials, among others, and eight years of trying, he has been unable to obtain approval for permanent resident status:</p>

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<a href=“Dan-el Padilla Peralta - Wikipedia”>http://en.wikipedia.org/wiki/Dan-el_Padilla_Peralta&lt;/a&gt;&lt;/p&gt;

<p>“I know a person can gain legal status through hetersoexual marriage”</p>

<p>This is, for the most part, a myth. A citizen can marry abroad and bring a spouse here legally. But a citizen marrying a person here illegally does not automatically normalize their status. You can try.</p>

<p>A myth? Um, no. It’s not automatic but there is definitely a process and it happens quite frequently.Hmmm.</p>

<p>Nolo talks here about undocumented immigrants’ chances of getting a green card by marrying an American citizen:
<a href=“http://www.nolo.com/legal-encyclopedia/can-illegal-immigrant-get-green-card-based-marriage-us-citizen.html”>http://www.nolo.com/legal-encyclopedia/can-illegal-immigrant-get-green-card-based-marriage-us-citizen.html&lt;/a&gt;&lt;/p&gt;

<p>Bottom line, it’s far from automatic. The undocumented immigrant has to go back to their country of birth. If their application is denied, which is likely, they will be barred from returning to the US for 10 years.</p>

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<p>For people who entered the US legally, but overstayed their visa, the situation is different. They will have an easier time getting a green card through marrying a citizen.</p>

<p>CF, no, it is the same - the three/ten year bar periods apply to people who overstay their visas. </p>

<p><a href=“Consequences of Unlawful Presence in the U.S.—Three– and Ten-Year Time Bars | Nolo”>http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-4.html&lt;/a&gt;&lt;/p&gt;

<p>What is confusing with the article you linked is that the first part talks about a person who is <em>lawfully</em> present in the US on a non-immigrant visa and decides to get married (like my SIL). It does not apply to people who violated the immigration laws. </p>

<p>Citizenship by marriage is very far from automatic. Even if you have documents, you are eligible for a green card if you marry a citizen, after some paperwork and quite a bit of fees: <a href=“Family of U.S. Citizens | USCIS”>http://www.uscis.gov/family/family-us-citizens&lt;/a&gt; However, for people from some countries the wait can be extremely long because there is a huge backlog. </p>

<p>If you check the Visa Bulletin form this month from DHS (<a href=“http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-october-2014.html”>http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-october-2014.html&lt;/a&gt;) for the F1 priority (family of a US citizen) a Mexican citizen who married an American citizen in June of 1994 is getting her/his green card this month. For someone from the Philippines, it would be September of 2004.</p>

<p>After getting a Green Card, a person would have to wait at least 5 more years to apply for citizenship.</p>

<p>For undocumented immigrants marrying an American, it is possible as well, the process takes longer since they have to leave the country to apply, as someone mentioned before. So, yes, an undocumented immigrant can access a path to citizenship by marrying an American citizen, but it far from automatic, and not that much easier for many immigrants with documents.</p>

<p>You have to leave the country to apply, which means taking the chance of being permanently separated from the citizen spouse. You may be separated for years even if you eventually win. Most families feel they can’t take that risk, so they stay here and don’t normalize, and being married to the citizen has no practical effect on their status.</p>

<p>Bunsen, the first part of the article is about people who overstay their visas. They came in the US legally, on a visa that allowed them to stay 30 days or 90 days or whatever, but did not leave. According to Nolo, such people have an easier time getting a green card after marrying an American citizen. They do not have to go back to their country of citizenship first. If they did go back to their country, they would be barred from re-entry for three or ten years, but they are able to apply for the green card from within the US.</p>

<p>The second part is about what we’re discussing, people who entered the US unlawfully. If such a person marries an American citizen and wants to apply for a green card, they must return to their country of citizenship. They are barred from re-entering the US for three or ten years, ten years in the case of an undocumented immigrant who came to the US as a young child. They may apply for a waiver of the re-entry ban. If they don’t get the waiver, they’re stuck in their country of citizenship, separated from their spouse, unless they sneak back to the US.</p>

<p>CF, this article is somewhat misleading when it talks about the folks who came here on a valid visa. The article, IMO, implies that if they pay money and apply for status adjustment, they are going to be fine. Not so fast. While for the majority it could work as described, there could be issues. The “adjustment of status” application could be denied, they could be charged with visa fraud (happens!), and they might be required to leave the US in the end. Then the 3/10 bar rule can be applied if they are asked to leave. Things like DUIs and run-ins with the law enforcement can further complicate the picture. </p>

<p>Bottom line for anyone reading this: Educating yourself by reading online sources is fine, but it is always wise to consult an immigration attorney if you think there could be a problem! </p>

<p>Yes, Hanna, you are right. That was the point I was trying to make. The process is really cumbersome even for those with documents. If to that you add being separated from your family, probably for years, it is not worth it for many.</p>

<p>@sorghum‌ </p>

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<p>“takes from other countries” </p>

<p>???</p>

<p>You think the US is “taking” doctors from other countries. What? These folks are freely deciding to move here and practice. The US isn’t kidnapping these folks. </p>