Immigration Lawyers Please Try And Answer This????
Q: We have lots of friends in Chicago who are Haitian Refugees that are now being denied Political Asylum and they have all been put in deportation proceedings. Their work permits have all been revoked. One particular friend is in a little different situation than the other guys. This one friend is living with his common law wife and they have 2 infant children that were born here in the states. The wife has already been granted asylum last year and has now applied for residency for her and her 12 year old son. The problem comes in because the man refuses to marry this woman who he has been with since living in Haiti and he is so stubborn and believes that there is no way immigration will send him back to Haiti cause he has money in the bank and children who are citizens. I keep telling him that INS doesn't give a shit about that. NOw he has lost his work permit and is trying to see what the social service agencies can do to help him and the other refugees in getting their status changed. Even though the organizations in Chicago like Travelers and immigrants aid have already told them there is nothing that can be done now. My question is, is it too late for him to marry his common law wife and try to have him added on the application for residency? Can this be done or is it too late? If he can be added on the application, will he get his work permit back while the application is pending? One lawyer in Chicago who is not an immigration lawyer told him he would have to wait three years before he got his work permit. Is this true? Does this guy have any chance at all in saving his butt if we can convince him to finally get married? They have been living in Chicago for 3 years and living together in Haiti for a lot longer than that. I don't know why he is so stubborn about getting married. Quite frankly I am very angry at him because he is only thinking of himself and is forgetting the fact he would be leaving his infant children here and possibly never seeing them again, and also he has a 14 years old daughter with him that would be sent back also because she is on his petition and not the common law wifes. The 14yr old is not the daughter of the common law wife. Her mother is back in Haiti. The 14 year old has lived here now for 3 years and has assimilated very well, speaks english better than her father and loves school here. I would hate to see her get sent back to Haiti and have to go back to the filthy conditions from which they were in before. Please if you have any suggestions or just to tell me what we can try to convince him to do I would appreciate it. As far as I know the other men who are all single probably will get sent back to Haiti after they try and plead their case again? I am not sure what will happen.
A: As long as he is married to her prior to her being granted permanent residence, he will also be eligible to obtain his residence at the same time. This is a possible problem spot and I would recommend that qualified