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    alcantara's Avatar
    alcantara Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 28, 2008, 06:10 PM
    How to be resident
    My fiancé is a illigal alien we have a child together and want to know how make him A resident of CA and the right to work and be iligable for student loans
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 28, 2008, 06:49 PM
    Quote Originally Posted by alcantara
    My fiance is a illigal alien we have a child together and want to know how make him A resident of CA and the right to work and be iligable for student loans


    He would have to apply for citizenship. It is my understanding that once he applies and is found to be here illegally he stands a very good chance of being deported.

    In general he would have to be in this Country with permission (a period of continuous legal residence and physical presence in the United States), the ability to read, write and speak English, good moral character, knowledge of the principles of the U.S. Constitution and favorable disposition towards the United States and he would have to pass the United States Citizenship Test.

    The first step is to get him into the country legally - he can do nothing as an "illegal."

    You should consult with an Immigration Attorney or else his attempts to become a citizen could result in him being deported.

    This question would be better answered on the legal/immigration board -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 29, 2008, 11:07 AM
    Moved
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Jul 29, 2008, 01:00 PM
    Quote Originally Posted by alcantara
    My fiance is a illigal alien we have a child together and want to know how make him A resident of CA and the right to work and be iligable for student loans

    If the term "illegal" in this case means he entered US with a visa and overstayed, it depends on how long? If he overstayed longer than 180 days, he will trick a 10 years bar. If this is your case, then an immigration attorney can help filing petition to adjust status, which simply means he can get a green card without being deported.

    BUT... if he entered US without inspection, no visa, he must leave and wait in his home country while you file a waiver on his behalf in US. If the waiver is approved, then you can obtain immigrant visa for him.

    In both cases, you need an immigration attorney, a very good one.
    cacharlel's Avatar
    cacharlel Posts: 1, Reputation: 1
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    #5

    Jul 31, 2008, 08:47 AM
    If someone deceived immigration when they received permanent residency, but is now a Citizen of that country, could they still be deported if this is proven?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #6

    Jul 31, 2008, 06:32 PM
    Quote Originally Posted by cacharlel
    If someone deceived immigration when they received permanent residency, but is now a Citizen of that country, could they still be deported if this is proven?
    Yes... lies, frauds, anything from using someone's SSN, faked drivers license, etc for immigration benefit is subject to deportation, no matter that person has become US citizen. Besides, there will be other charges if the person claimed he/she's US citizen for employment or to vote, or to obtain welfare, etc.

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