I am Canadian, my wife is a US citizen. We married in Canada in 1997 and got I130 approved July '97. All forms, pics, fingerprints etc were sent in but we just waited and waited. In March '98 I obtained a 30 day pardon to travel to the US and two weeks later our daughter was born in the US. I have never left the US since. I work in construction and make a comfortable life for my family here. We would like to stay here legally, pay taxes, etc, but how do I do that now?Would I get into trouble, sent to jail, deported away from my family? We would be devestated, and my wife and daughter would live in hardship. Sometimes I think I should just keep living how I am, at least we are happy together...what should I do?

As an update, I was told that my I130 approval notice from 1997 was no longer valid. Could that be possible and how would I find out?

Dear Anonymous:

It is possible that the I-130 petition has been cancelled because the consul in Canada sent you an appointment letter and you failed to appear. If you fail to appear, the petition is revoked after one year. But not to worry.

Just file a new I-130 with an application for adjustment of status and you will be able to receive permanent residence in the US.

We are not quite sure what you mean when you say that you "obtained a 30 day pardon to travel to the US". You may want to show this document to an immigration law attorney before you file anything just to be sure that you will not have a problem.

Also, you do not have to file by the 4/30/01 deadline since you are already grandfathered under section 245(i) with the filing of the previous I-130 petition. Also, if you entered the country lawfully, you do not have to pay the $1000 penalty fee. Good luck.

Thanks so much for the info. What I meant to say was I was granted an advance parole good for 30 days. What I understand is that my original I-130 is no longer valid, but since it was approved in 1997 that means I can go ahead and start the process over again from the US; beginning with a new I-130 petition application? One more question please; will the ins use the information obtained from my earlier I-130 (such as proof of ending marriages, and copy of birth certificate) or will I have to resubmite additional copies?
thank you so much!!!!!!!

Dear Anonymous:

Yes, you are grandfathered under section 245(i). You will need to file a new, complete, application, including all of the necessary supporting documentation. Good luck.

A tourist was granted 6 months to stay in the US, She overstayed her authorized stay in the US as a tourist. During those period she was working as a homecare assistant for older people. Her employer help her find a lawyer to work for her intended labor certification for green card. she is paying a monthly fee for lawyer for 200 dollars, deducted from her 900 monthly wages. Until now she does'nt have a working permit. The problem, she gave birth recently and that her employer told her that she is not allowed to stay in that facility because of her young baby and her condition. She is asking for help. Where will she go, she does'nt want to go back to her country. what about her US born child? What is your suggestion. What are the consequences for a US citizen and a legal resident if they help this overstayed tourist to stay in their house, while no legal papers for this tourist yet and while she is recovring from her birthing operation. Is ther any kind possibility that she will be granted a visa for humanitarian reason the fact for the sake of the baby who is now a US citizen by being born in the US? She needs help and clarification.

Technically, her baby is a US citizen by birth, which, in turn, may pave the way for her, ie, the mother, to file for AOS as soon as possible, claiming that she has to take care of her US-born baby. Will the INS adjust her status? I think the chances are pretty good, but it also depends a lot on the INS officer's discretion to adjust or not...What about the father? Is he American? If he is, then the INS may claim that the father can take care of the baby while she is waiting in her country to immigrate in a legit way to the US. Now, if she is not married, after reading your msg, it sounds like she is not, there may not be any basis for her to come to the US as her child can't petition for her before turning 21. I wish your friend good luck and God bless her!

My two cents, Thanks for your response to the message above.

No, this lady is a tourist, granted six months to stay, but on her first week of stay she worked, and told me that she was introduced to a lawyer. She hired a lawyer to apply for for her green card and promise to pay a monthly fee of $200 as an attorneys fee until green card arrived. But until she gave birth recently, her green card never arrived, nor a certificate of working permit, nor an approval to extend her tourist visa or any information from the INS.She was advise according to her that theres no need to extend her visitor visa. All she was saying is that the lawyer, told her that they filed her case to Employment Div. for Cert. of Labor.But no Certificate yet. She wants to stay with me while she is recovering and waiting for the release of her pre-mature baby. I like to help her stay in my house but I am afraid to take her because she overstayed her visitor visa and that I will be charged of harboring an overstayed alien or someone with an unknown status. She doesn't want to go back to her country, because she will be ban of coming back.I really like to help her but I am afraid of the consequences that I will face in case INS will find out. Her Home Care employer won't allow her to stay in as usual together with her baby. The father of the baby is not a US citizen and living outside US. I suggested instead to consult her consulate or embassy for an advise or her lawyer or her employer. What do you think. Please help. I need an immigration advise and if you have other experiences like this, what have you done? Pleas help!!

Dear Anonymous:

First of all, you were correct in advising her to speak with her present attorney about her case. He is already familiar with the facts of her case, and she is already paying him a fee, so he should be able to answer her questions without any additional cost. Also, the fact that she is no longer working for her employer could have an impact on the chance for success with her present labor certification case.

While the child is a US citizen by birth, the child cannot file a petition for the mother until he or she is 21 years of age. While technically there could be some argument made that by caring for the mother and child you are harboring an illegal alien, we are not aware of any case in our dozens of years of experience where INS has ever lodged any charges against someone for the reasons you have stated.

Probably the best solution to her case is if her employer will continue with the labor certification process and will allow her to go back to work for her once she is approved for permanent residence. In that way she could remain in the US and continue with her application. Good luck.

Dear Immigration Help, thank you for your response. I asked the above question because I read in some articles that INS will charge anybody who is taking care of an out of status alien. I also learned that if you know someone who is out of stay, must report to the INS in which I don't want to do that, it's up to the INS people to find those who overstayed their stay in the US,it is their job to check, besides they have their own data base as far as the F 1-94, record is concern.

Dear Anonymous:

As far as we know, there is no law that requires anyone to advise the Immigration Service about the presence of unlawful aliens in the US. Good luck.

As of right now Im under my dad's dependency, under diplomatic visa, however Im pregnant right now and if I get married to father of the child, who over stayed here, I will be out of my father's dependency. Is there anything we can do make both our stay here legal after the baby is born if we get married?