Need some guidance

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Old Mar 23rd 2002, 8:35 am
  #1  
Duchski
Guest
 
Posts: n/a
Default Need some guidance

Hi all, I have a friend. She is 25 years old, for the last 10 years in the US yet
still illegal. She went to high school in the US now about to complete her junior
year at public college. Given that she does not have any relative that could sponsor
her, nor an employer willing to do so, is there any way that she could become legal?
Again, she has spent last ten years in th US (from the age of 15), ten continous
years. I know this question should be asked a good immigration lawyer directly but
can anybody give some insight or advertise his or her services in this field here?
Thank you so much, I'd appreciate if you could send your responses to my mailbox
[email protected] as it is easy to miss newsgroup posting. Thank you so much,

Steve
 
Old Mar 23rd 2002, 4:05 pm
  #2  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"DUCHSKI" <[email protected]> wrote in message
news:<[email protected] hlink.net>...
    > Hi all, I have a friend. She is 25 years old, for the last 10 years in the US yet
    > still illegal. She went to high school in the US now about to complete her junior
    > year at public college. Given that she does not have any relative that could
    > sponsor her, nor an employer willing to do so, is there any way that she could
    > become legal?

Seriously, she should go home. That way she would be legally present in her
home country.

On the other hand, if she *really* wants to stay here, and has entered legally in the
first place and can prove it (i.e. on a visa and i-94), and has a potential spouse
that's a US citizen, she can marry him and obtain permanent residence through him.
That is the only way.

    > Again, she has spent last ten years in th US (from the age of 15), ten
    > continous years.

That doesn't matter. There should be no (and currently there is not any) reward for
someone staying illegally in the US for an extended period of time, except for people
who have been continuously present here since before 1972. Even if the new 245(i) is
passed, it will not apply to her. Sorry, but she has to go home!
 
Old Mar 23rd 2002, 4:35 pm
  #3  
Mrs Blackross
Guest
 
Posts: n/a
Default Re: Need some guidance

it just begs the question though...how DID she enter at age 15, why didn't her
parents take responsibility to make sure she was legal before she turned 18, and
where are they now?

"James Donovan" <[email protected]> wrote in message
news:[email protected]...
    > "DUCHSKI" <[email protected]> wrote in message
news:<[email protected] hlink.net>...
    > > Hi all, I have a friend. She is 25 years old, for the last 10 years in the US
yet
    > > still illegal. She went to high school in the US now about to complete her
    > > junior year
at
    > > public college. Given that she does not have any relative that could sponsor her,
    > > nor an employer willing to do so, is there any way that she could become legal?
    >
    > Seriously, she should go home. That way she would be legally present in her home
    > country.
    >
    > On the other hand, if she *really* wants to stay here, and has entered legally in
    > the first place and can prove it (i.e. on a visa and i-94), and has a potential
    > spouse that's a US citizen, she can marry him and obtain permanent residence
    > through him. That is the only way.
    >
    > > Again, she has spent last ten years in th US (from the age of 15), ten continous
    > > years.
    >
    > That doesn't matter. There should be no (and currently there is not any) reward for
    > someone staying illegally in the US for an extended period of time, except for
    > people who have been continuously present here since before 1972. Even if the new
    > 245(i) is passed, it will not apply to her. Sorry, but she has to go home!
 
Old Mar 23rd 2002, 5:35 pm
  #4  
Brit_am
Guest
 
Posts: n/a
Default Re: Need some guidance

Mrs Blackross <[email protected]> wrote in message
news:[email protected]...
    > it just begs the question though...how DID she enter at age 15, why
didn't
    > her parents take responsibility to make sure she was legal before she
turned
    > 18, and where are they now?

And if she has been here for that long a time, why isn't there someone who can
vouch for her?

    >
    >
    > "James Donovan" <[email protected]> wrote in message
    > news:[email protected]...
    > > "DUCHSKI" <[email protected]> wrote in message
    > news:<[email protected] hlink.net>...
    > > > Hi all, I have a friend. She is 25 years old, for the last 10 years in the US
    > yet
    > > > still illegal. She went to high school in the US now about to complete her
    > > > junior
year
    > at
    > > > public college. Given that she does not have any relative that could sponsor
    > > > her, nor
an
    > > > employer willing to do so, is there any way that she could become legal?
    > >
    > > Seriously, she should go home. That way she would be legally present in her home
    > > country.
    > >
    > > On the other hand, if she *really* wants to stay here, and has entered legally in
    > > the first place and can prove it (i.e. on a visa and i-94), and has a potential
    > > spouse that's a US citizen, she can marry him and obtain permanent residence
    > > through him. That is the only way.
    > >
    > > > Again, she has spent last ten years in th US (from the age of 15), ten
    > > > continous years.
    > >
    > > That doesn't matter. There should be no (and currently there is not any) reward
    > > for someone staying illegally in the US for an extended period of time, except
    > > for people who have been continuously present here since before 1972. Even if the
    > > new 245(i) is passed, it will not apply to her. Sorry, but she has to go home!
 
Old Mar 24th 2002, 11:35 am
  #5  
Da Kine
Guest
 
Posts: n/a
Default Re: Need some guidance

10 Years! It is her home right here in US!! What are you talking about "GO
HOME"???!!! Where she suppose to go ??? I'm sure she lost all of her ties with her
country of birth in 10 years, especially she was 15 when she left. I wish you will
"go home" back in Afghanistan somwhere if you will treat people like that. Hey guys!
She have to file the petition to change her status through section 245(i)
http://www.shusterman.com/245i-faq.html

"James Donovan" <[email protected]> wrote in message
news:[email protected]...
    > "DUCHSKI" <[email protected]> wrote in message
news:<[email protected] hlink.net>...
    > > Hi all, I have a friend. She is 25 years old, for the last 10 years in the US
yet
    > > still illegal. She went to high school in the US now about to complete her
    > > junior year
at
    > > public college. Given that she does not have any relative that could sponsor her,
    > > nor an employer willing to do so, is there any way that she could become legal?
    >
    > Seriously, she should go home. That way she would be legally present in her home
    > country.
    >
    > On the other hand, if she *really* wants to stay here, and has entered legally in
    > the first place and can prove it (i.e. on a visa and i-94), and has a potential
    > spouse that's a US citizen, she can marry him and obtain permanent residence
    > through him. That is the only way.
    >
    > > Again, she has spent last ten years in th US (from the age of 15), ten continous
    > > years.
    >
    > That doesn't matter. There should be no (and currently there is not any) reward for
    > someone staying illegally in the US for an extended period of time, except for
    > people who have been continuously present here since before 1972. Even if the new
    > 245(i) is passed, it will not apply to her. Sorry, but she has to go home!
 
Old Mar 24th 2002, 2:35 pm
  #6  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"Da kine" <[email protected]> wrote in message
news:[email protected]...
    > 10 Years! It is her home right here in US!!

How? She's neither a citizen nor permanent resident, and does not have a visa to
legally stay here. Sorry, but she has no basis on which to continue living here.

    > What are you talking about "GO HOME"???!!!

You know, go to the airport, take a flight, land back in your country of
citizenship... Meet your old friends and start back your life in your home country?

    > Where she suppose to go ???

Back to her country of citizenship.

    > I'm sure she lost all of her ties with her country of birth in 10 years, especially
    > she was 15 when she left.

As sad as that is, and I really wish I could have a shred of sympathy for her, but I
can't. She broke the law. Now it's time for her to stand the consequences. We don't
forgive murderers, thieves and other criminals, why should we forgive someone who
jumps our borders?

As harsh as it sounds, we should not reward someone who stays in the US and hides.
REgardless if that person spent 10, 15, 25 or 30 years here, we can't forgive them.

    > I wish you will "go home" back in Afghanistan somwhere if you will treat people
    > like that.

I went home. Straight back to America. I was born here. I am supposed to be here.
She is not. She has no ties to the US other than living here illegally for the
last 15 years.

She has to have a familial relationship to a US citizen or Permanent resident, or
has to have a company sponsor her a visa. And now that she's stayed illegally, she
is all out of luck.

If she was truly persecuted in her home country, she can apply for Asylum here.
However, not wanting to go back to your home country is not persecution and is no
basis for asylum!!

    > Hey guys! She have to file the petition to change her status through section
    > 245(i) http://www.shusterman.com/245i-faq.html

245(i) is no longer valid, and the limited extension that is probably going to be
passed will offer her no help, since it requires familial or sponsor-employer
relationship to have occurred before August 15, 2001.

Here's a link to help her in what she now has to do:

http://www.expedia.com
 
Old Mar 24th 2002, 2:35 pm
  #7  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"Mrs Blackross" <[email protected]> wrote in message
news:[email protected]...
    > it just begs the question though...how DID she enter at age 15, why
didn't
    > her parents take responsibility to make sure she was legal before she
turned
    > 18, and where are they now?

Tsk tsk, abandonment... not good!
 
Old Mar 24th 2002, 4:35 pm
  #8  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"brit_am" <[email protected]> wrote in message
news:[email protected]...
    >
    > Mrs Blackross <[email protected]> wrote in message
    > news:[email protected]...
    > > it just begs the question though...how DID she enter at age 15, why
    > didn't
    > > her parents take responsibility to make sure she was legal before she
    > turned
    > > 18, and where are they now?
    >
    > And if she has been here for that long a time, why isn't there someone who can
    > vouch for her?

More importantly, why did she come here in the first place if she knew she was
staying here illegally?
 
Old Mar 25th 2002, 3:55 pm
  #9  
Sylvia Ottemoel
Guest
 
Posts: n/a
Default Re: Need some guidance

DUCHSKI wrote:

    > I have a friend. She is 25 years old, for the last 10 years in the US yet still
    > illegal. She went to high school in the US now about to complete her junior year
    > at public college. Given that she does not have any relative that could sponsor
    > her, nor an employer willing to do so, is there any way that she could become
    > legal? Again, she has spent last ten years in th US (from the age of 15), ten
    > continous years.

There is a process called "cancellation of removal" which your friend may be eligible
for. See http://www.shusterman.com/deport.html,
http://www.vkblaw.com/law/depproc.htm.

The process would be quite risky.

    > I know this question should be asked a good immigration lawyer directly but can
    > anybody give some insight or advertise his or her services in this field here?

It is probably better to do some diligent research before choosing an immigration
lawyer, rather than responding to one who would solicit your business in a newsgroup.
There are a lot of really incompetent immigration attorneys out there.

It is especially important to get a good, experienced immigration attorney in a case
like this.
 
Old Mar 25th 2002, 3:55 pm
  #10  
Duchski
Guest
 
Posts: n/a
Default Re: Need some guidance

Thanks everybody for your help here. As somebody said after ten years in the US her
home is here, and before you rush to judge anybody think about your past seven tax
returns... Lighten up folks, this county was build by the immigrants for immigrants,
and lets just all be gratefull Indians did not invent INS.

Steve

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > DUCHSKI wrote:
    >
    >
    > > I have a friend. She is 25 years old, for the last 10 years in the US
yet
    > > still illegal. She went to high school in the US now about to complete her
    > > junior year
at
    > > public college. Given that she does not have any relative that could sponsor her,
    > > nor an employer willing to do so, is there any way that she could become legal?
    > > Again, she has spent last ten years in th US (from the age of 15), ten continous
    > > years.
    >
    >
    > There is a process called "cancellation of removal" which your friend may be
    > eligible for. See http://www.shusterman.com/deport.html,
    > http://www.vkblaw.com/law/depproc.htm.
    >
    > The process would be quite risky.
    >
    >
    > > I know this question should be asked a good immigration lawyer directly
but
    > > can anybody give some insight or advertise his or her services in this
    > > field here?
    >
    >
    > It is probably better to do some diligent research before choosing an immigration
    > lawyer, rather than responding to one who would solicit your business in a
    > newsgroup. There are a lot of really incompetent immigration attorneys out there.
    >
    > It is especially important to get a good, experienced immigration attorney in a
    > case like this.
    >
    >
    >
    >
    >
    >
 
Old Mar 25th 2002, 3:55 pm
  #11  
Mrs Blackross
Guest
 
Posts: n/a
Default Re: Need some guidance

"James Donovan" <[email protected]> wrote in message
news:[email protected]...
    >
    > "brit_am" <[email protected]> wrote in message
    > news:[email protected]...
    > >
    > > Mrs Blackross <[email protected]> wrote in message
    > > news:[email protected]...
    > > > it just begs the question though...how DID she enter at age 15, why
    > > didn't
    > > > her parents take responsibility to make sure she was legal before she
    > > turned
    > > > 18, and where are they now?
    > >
    > > And if she has been here for that long a time, why isn't there someone
who
    > > can vouch for her?
    >
    >
    > More importantly, why did she come here in the first place if she knew she was
    > staying here illegally?
    >
    >

well, if she was 15 at the time, probably because her parents brought her and she
didn't have a choice at the time.
 
Old Mar 25th 2002, 7:05 pm
  #12  
Ocean
Guest
 
Posts: n/a
Default Re: Need some guidance

I bet that she did not desided and planed this "horrable crime" on her own. And any
juge would tell you that she is innocent in this case. You can blame her parents of
course. And ones again: if you look at it from the point of view of human being - in
10 years of being here she become part of the society where she lives. Wake up!
people free to move arround the world, nobody will blame you if you will move back to
Afghanistan - you can stay there as long as you want, (just watch out for those guys
with guns and I hope you will find your old house even if you don't remember if you
ever have been in that country before).

"James Donovan" <[email protected]> wrote in message
news:[email protected]...
    >
    > "Da kine" <[email protected]> wrote in message
    > news:[email protected]...
    > > 10 Years! It is her home right here in US!!
    >
    > How? She's neither a citizen nor permanent resident, and does not have a visa to
    > legally stay here. Sorry, but she has no basis on which to
continue
    > living here.
    >
    > > What are you talking about "GO HOME"???!!!
    >
    > You know, go to the airport, take a flight, land back in your country of
    > citizenship... Meet your old friends and start back your life in your
home
    > country?
    >
    > > Where she suppose to go ???
    >
    > Back to her country of citizenship.
    >
    > > I'm sure she lost all of her ties with her country of birth in 10 years,
    > > especially she was 15 when
she
    > > left.
    >
    > As sad as that is, and I really wish I could have a shred of sympathy for her, but
    > I can't. She broke the law. Now it's time for her to stand the consequences. We
    > don't forgive murderers, thieves and other criminals,
why
    > should we forgive someone who jumps our borders?
    >
    > As harsh as it sounds, we should not reward someone who stays in the US
and
    > hides. REgardless if that person spent 10, 15, 25 or 30 years here, we can't
    > forgive them.
    >
    > > I wish you will "go home" back in Afghanistan somwhere if you will treat people
    > > like that.
    >
    > I went home. Straight back to America. I was born here. I am supposed
to
    > be here. She is not. She has no ties to the US other than living here illegally for
    > the last 15 years.
    >
    > She has to have a familial relationship to a US citizen or Permanent resident, or
    > has to have a company sponsor her a visa. And now that she's stayed illegally, she
    > is all out of luck.
    >
    > If she was truly persecuted in her home country, she can apply for Asylum here.
    > However, not wanting to go back to your home country is not persecution and is no
    > basis for asylum!!
    >
    > > Hey guys! She have to file the petition to change her status through section
    > > 245(i) http://www.shusterman.com/245i-faq.html
    >
    > 245(i) is no longer valid, and the limited extension that is probably
going
    > to be passed will offer her no help, since it requires familial or sponsor-employer
    > relationship to have occurred before August 15, 2001.
    >
    > Here's a link to help her in what she now has to do:
    >
    > http://www.expedia.com
 
Old Mar 26th 2002, 4:19 pm
  #13  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"Ocean" <[email protected]> wrote in message
news:[email protected]...
    > I bet that she did not desided and planed this "horrable crime" on
her
    > own. And any juge would tell you that she is innocent in this case.

Innocent or not, a long overstay is not any basis for granting her permanent
residency.

    > You can blame her parents of course. And ones again: if you look at it from the
    > point of view of human being - in 10 years of being here she become part
of
    > the society where she lives.

But under the law, she has no legal status. As I said, I really wish I could be
sympathetic with her, but I can't. It's the law. I want to be able to drink a couple
of beers at the blarney stone then drive my BMW back home. But I can't, even though I
know my driving is not severely impaired after only a couple of drinks. Why? Because
the law says I can't drink and drive.

I honestly feel really sorry for her but the law is the law.

    > Wake up! people free to move arround the world, nobody will blame you if you will
    > move back to Afghanistan - you can stay there as long as you want, (just watch out
    > for those guys with guns and I hope you will find your old house even if you don't
    > remember if you ever have been in that country before).

If people were free to move around the world, the US would be exactly like
afghanistan or overpopulated like China.

I'd like to know exactly what country she came from and exactly why going back to her
country of citizenship would be such a big problem for her.
 
Old Mar 27th 2002, 9:05 pm
  #14  
Thomas Adams
Guest
 
Posts: n/a
Default Re: Need some guidance

This thread leaves one of my questions unanswered: How do you manage to be illegal
for ten years? I can imagine it's possible if there is a large ethnic minority which
protects you, something like Chinatown perhaps. But then again why do you want to get
legal all of a sudden if you live in that kind of community?
 
Old Mar 28th 2002, 3:05 am
  #15  
James Donovan
Guest
 
Posts: n/a
Default Re: Need some guidance

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > DUCHSKI wrote:
    >
    >
    > > I have a friend. She is 25 years old, for the last 10 years in the US
yet
    > > still illegal. She went to high school in the US now about to complete her
    > > junior year
at
    > > public college. Given that she does not have any relative that could sponsor her,
    > > nor an employer willing to do so, is there any way that she could become legal?
    > > Again, she has spent last ten years in th US (from the age of 15), ten continous
    > > years.
    >
    >
    > There is a process called "cancellation of removal" which your friend may be
    > eligible for. See http://www.shusterman.com/deport.html,
    > http://www.vkblaw.com/law/depproc.htm.
    >
    > The process would be quite risky.

I don't believe she would be eligible for such a process. She must be either eligible
for asylum, be the immediate relative of a US citizen (in which case she must have
entered legally on a visa). Cancellation of removal will not be available if she
entered illegally without a visa. Suspension of deportation is only available if
deportation proceedings were initiated before April 1, 1997.

The question now stands: Did she enter legally on a visa? If she did, then there is
hope. If she didn't, well she has no choice but to go back home. In order to make the
process less painful, she should apply for voluntary departure if she is to ever have
any hope of re-entering the US.
 


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