My cousin is involved with an illegal alien (from Mexico) who came to the US over 10 years ago and has a family (fiancee, daughter and son born in US) in the US and has been gainfully employed for the past 10 years. How can this person apply for residency within the US? How often do courts make exceptions in these cases and what is the criteria for allowing an illegal alien to remain in the US? Also, should he decide to return to his country of origin willingly, can he cross the border without documentation and re-enter his home country? Would he be penalized and prevented from returning to the US at a later date?
I will assume that the undocumented immigrant's fiancé is not a US citizen or permanent resident. Under Pres. Obama's recent executive action, he may become eligible for the new program, Deferred Action for Parental Accountability (DAPA) which is scheduled to take effect 180 days from the president's announcement on November 20, 2014. The conditions are that as of that date, the parent be illegal, have a US citizen or permanent resident child, prepare to pay taxes, and not have committed a felony, significant misdemeanor, three other misdemeanors, be a gang member, or a threat to national security, etc. Successful applicants will be allowed to stay for three years with employment authorization. It is not clear at this time whether advance parole to leave and reenter the country will be allowed as part of the program. At this time, without benefit of the program, the undocumented immigrant who leaves the country and attempts to reenter would be subject to a permanent bar. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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