belladutchie

Hi,

I know that some will be laughing with the Title "asking for a friend" but I am truly asking this for a good friend of mine.

I already got my papers years ago and know somewhat how things work but this case is a little more different then what I had to go through that is why I need some input.

This young lady came with her parents from mexico and is trying to get her papers, nothing is documented, her parents are applying but I have the feeling its not going well that rout and then she will be turning 21 in 9 months.

What options does she have?

Thank you very much for your kind answers in advance!

ian-mstm

Had she left the US before she turned 18, there would have been no overstay... now there is... about 27 month's worth, and that translates to a 10-year ban if she leaves.


She has *no* options. Someone who enters the US illegally can *never* adjust their status. She must either return to Mexico and let the 10-year ban run its course, or she must stay in the US illegally with no status, no documentation, no right to live here legally, and no right to work here legally. Even if she married a US citizen, it would *not* help her at all.

Ian

belladutchie

Hi Ian, thanks for your input!


Okay...she is retaining a lawyer as we speak someone that did my paperwork as well.

Now lets say that her mother has paperwork of her coming into the USA at an very early age, would that not count??

Thanks again for your input!

meauxna

Yes, if they made an 'inspected' entry, it's a different story than those who "EWI" (snuck in aka Entered Without Inspection).

belladutchie

Hi Meauxna,

The problem is that she does not remember, she was brought here when she was little, her mother told her that it was on a touristvisa but we are talking about 19 years ago!!

Since then she has lived here, went to school here, she grew up here, not ever went back ever since!

How is that handled, I am sure she is not the first one having this issue on her hands. Her parents basically forced her into this situation!

Thanks for the input!

meauxna

Where are her parents now? Will they give her the straight truth? More importantly, the evidence of her entry.

The situation is being played out by thousands of great kids all across the country and every one of us who knows one of them personally has to rail at how unfair it is to the children (who were brought here with I'm sure, all best intentions). I just had dinner with a stellar young man I've known for years.. we joke among the adults that we need to marry him off fast, but even that isn't a solution.

See what the lawyer tells her. For your own edification, google the Dream Act (not law at this time) to see what others are doing but get used to the idea that there may not be a legal solution for her at this time.

ian-mstm

Sadly, this is one of those situations where the children pay for the sins of the parents. US immigration is not known for its sense of compassion.

Ian

belladutchie

Meauxna and Ian,

No I already know that the US Immigration does not look at it in a personal view, they are just people doing or trying to do their work that is done by the letter of the law and I respect that.

I already told my friend, that she can not expect any compassion from anyone on that side of the law. I had heard about parents like this, but now getting to actually knowing someone who is affected by it makes it hit home, and hard, its heartbreaking I can only hope for the best for her and trying to help where I can.

I will google that Dream Act and hopefully her parents can help her digging up some of the information that is needed, or she has to go digg herself to get any proof of what has happened in the past!

Thanks again, I would like to here from people being stuck in this same situation, I think it would be good for her, to know that she is not alone and maybe, maybe we have some succes stories that we can tell her about!

Thanks!!

belladutchie

Meauxna,

Her parents are still here, her sister is an American Citizen, but too young to apply for them. She was born here. I do not know if her parents are telling her the whole truth to be honest, I can not get into details but I feel like either they are being lied to by one of those people that try to milk illegals for their money, or that they are just keeping her in the dark about the whole situation.

I told my friend, that maybe its just time that she need to start taking care of herself, the whole situation is really really sad and I feel to the point of her family being abusive and keeping this whole situation as a blackmail thing over her.

What can you do...I mean my heart breaks for this girl that is such a sweetheart that would not even hurt a fly and this is what she has to deal with for her future!!!

Any any input is greatly appreciated and I will look into the Dream Act!!

Thanks!!

Folinskyinla

My dear sanctimonious prick:

Nowhere enough facts to make any judgment at all IMHO.

discoviking

I disagree with this statement. A US citizen spouse may very well be able to successfully petition for her, but there is not enough information here to suggest which potential path to take, should she ever marry a USC.

Generally speaking, many US citizens have been able to successfully obtain legal status for their undocumented Mexican spouses brought here in a similar manner as the OP's friend, most commonly (for those Mexican spouses who entered without inspection) by filing a I-601 waiver through the consulate in Ciudad Juarez after an initial visa interview and subsequent visa denial there. If the Mexican undocumented spouse can produce proof of entering with inspection it may even be possible to adjust status in country.

That being said, as long as the OP's friend remain single her options for adjusting status - based on the limited information given - are as you stated limited to non-existent, but as Mr. F also wisely points out there really are not enough facts given to make a call conclusively. I certainly would not suggest that she marries a US citizen for the sole purpose of obtaining an immigration benefit, either. This would open a whole other can of worms, to put it mildly.

This is a sad situation indeed, where children suffer because of the ill advised acts of their parents.

I would also suggest that the OP's friend visit http://immigrate2us.net where the majority of members either are or have significant others in a similar situation.