LogFAQs > #894251731

s0nicfan posted...

Something is missing from this story. According to the article, they started to process of trying to get legalization about 13 years ago, but he only faced a removal order about 9 years ago. He also would have normally been granted citizenship through marriage with his wife.

Whether the immigrant can "adjust status" -- that is, apply for a green card without leaving the United States -- depends on whether he or she fits into one of a few narrow exceptions. The immigrant can adjust status only if he or she either:

legally entered the U.S. with a visa or after inspection by an immigration officer (and wasn't just using the visa with the intention of applying for a green card based on marriage, which happens to be visa fraud) and is either marrying a U.S. citizen or still on a valid visa, or
had a visa petition or labor certification filed for him or her several years ago when a law called "245(i)" was still in force.

If, however, the immigrant entered the United States by unlawful means, such as having been a stowaway or crossing over the border through a fence, adjustment of status is not an option. The only possibility is to apply for the green card through "consular processing," meaning the immigrant will attend an interview at a U.S. embassy or consulate in his or her home country. That, however, carries a risk of not being allowed back into the U.S. for many years -- three years if the period of unlawful presence was 180 days or more, and ten years if the period of unlawful stay was one year or more.
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He would make his mark, if not on this tree, then on that wall; if not with teeth and claws, then with penknife and razor.