Been illegal here since the age of 12...Sister is becoming a Citizen...Pls Help!

[thiagofl84]

Hi guys how's it going? My case is kind of different from everyone else's (I guess)...I have been in the United States since the age of 12, I moved here with my sister so I could go to school, learn English and have a better education etc etc...I was in High School in the process of applying for my Student Visa and unfortunately 9/11 happened. I heard some rumors that the US Immigration was declining a lot of Student Visas, due to the terrorists on 9/11 having such. I was young and wasn't really sure what to do, my sister wasn't a big help either. She has her Green Card for about 4 years now (going on 5) and she is going to apply for her Citizenship, which from what i heard can help me to become legal in the US. I have been in two law offices in the past month and I was told completely different things, and I am more lost than ever. One of the lawyers told me that there is a waiting list of 11 years for the people who will receive their Green Cards through a family petition and the other lawyer didn't mention anything like that. One of the lawyers also told me that even though I am illegal here I do qualify for the family petition, and the other lawyer said there is nothing I can really do about my situation but marriage...I am not willing to put myself through all that illegal stuff...I wanna do it right. Now my questions are: am I eligible to receive my Green Card through my sister when she becomes a Citizen even though I have been illegal here since the age of 12? Is there such a long waiting list of 2-11 years for Citizen's family petition? Is there any other method I could acquire my Green Card as of right now even though my country doesn't qualify as a refusee? What can I do to fix my status in this country on my own?
I have been strugling with depression for quite a while now, I speak English more than my native tongue, I am seriously scared of going back to my native country because all I have is here (friends, lifestyle). I am not able to work or do anything with my life, I am stuck in my sister's home all day taking depression pills and I don't think that is a future for me, i have so many goals in my life and not being legal here is taking it all away. I would appreciate if someone knowledgeable with Immigration Law would help me out with this matter. Whoever is reading this post, I appreciate your time for looking through this post. Thank You.

[ema76]

Hi there,
I understand your situation cause I have been illegally here for almost 4 years now, and it's hard when you can't even drive a car or look for a job...
Take a look at this website : http://uscis.gov/graphics/howdoi/sibling.htm
There's some infos that might answer some of your questions, if not, I know that the great people on this board are gonna answer them !! Good luck to you !

Ema.

[Jane Green]

Hello, you poor little thing!

I wish I had some good news to tell you…
Unfortunately both lawyers you talk to were right. There IS A LONG LONG waiting period for your category (sibling of US citizen) but you still qualify even though you illegal. If you want it faster – there is nothing you can do, unless you marry USC, or find an employer to sponsor you. The bottom line is – you have to have a sponsor to file for your visa. It is hard to find an employer if you don’t have a good education or experience. What happened to your student visa? Did it get denied or you never tried? Did you ever played the GC lottery? I’m just shooting ideas here....
You mentioned refugee. You cannot apply for that even if your county qualified
(because you already in US!).

You have to study. And you have to work. You can’t just sit all day in front of TV and pity yourself. You are a young girl and you have a life ahead of you. Those GC complications are temporary. For some people it happens fast and easy and others have to suffer and go through a lot of troubles and waiting. You happened to be in a second category so what? You life is not over yet.
You say you cannot work or stady because of the documents? So what? Are you seriously going to sit on your sister’s neck for another 12 years?
I worked without authorization for work for quiet awhile and paid my college tuitions for the same time. Long long time ago in another century, while I was illegal also. I had no choice – I had small children to feed. 11 years later I’m still waiting for my green card, but at least I have an education and a good job now. I know how depressing and scary life without legal status in US can be, but you shouldn’t let it get to you that bad. You have a big advantage - you young and you speak English like a natural born American. I’m sure you can find something better to do, if you tried hard enough, instead then just sit alone in a house taking those pills.
Good luck!

[krona12345]

Sorry for the bad news Thiago-


Because of the fact he is illegal here he can not apply for greencard thru Lottery or Employment.

The reason is that the law that allow a person that is illegal to apply is closed right now- I245

I-245 allowed people that apllied until a date (closed now)to pay a 1000 fee and do the adjustment of status inside of the US(married to Us citizen is not the case- you are free of this rule)


For a person to do the Adjustment of Status(I-485) the person needs if illegal to be able to claim I-245 law.


The waiting time of bothers of Us citizen is 10 to 12 years. You have to wait for the the visa to be avaiable.


The Lottery you may be able to apply BUT because you are Illegal you wll not be able to do the Adjusment of the Status and run the risk(maybe) of the send back one the have your file.

The only way right now for you is to find someone that you love and get into a true marriage


Good Lucky

Ps- Voce entendeu o que escrevi?Thiago nao e um nome muito comum na America.

[krona12345]

i meant

Good luck

[krona12345]

People that filled the application BEFORE the I-245 went away WILL be able to
do the Adjusment of the Status even if the still waiting for their cases conclusion.

[krona12345]

I agree with Green when she talk about school.

[Johnnyc316]

What's up ThiagoFl84? I hope you are doing okay. I totally understand what you are going throught. I'm in your sitution right now, I've been in this country since the age of seven. I completed elementary, middle school, and high school. Also, I speak english more than my native language and I'm acustom to the American lifestyle.

The best advice I can give you is as soon as your sister becomes a citizen have her petition for you to obtain green card. Now, you may have a long waiting period or not. USCIS is making a lot of changes in the way they process immigration benefits. They are currently working on the backlog cases and by the end of the year 2006 there is going to be a six month wait period for most immigration benefit. Also, I-130 are being process as visa number become availabe. So, when your sister petitions for you to obtain a green card and your I-130 is prove, you may not have to wait to adjust your status.

[TheRealCanadian]

Originally Posted by Johnnyc316

Also, I-130 are being process as visa number become availabe. So, when your sister petitions for you to obtain a green card and your I-130 is prove, you may not have to wait to adjust your status.

The problem is that in FB4, a visa number will not be available until 2016 or so.

And since 245i is gone, he cannot adjust status anyways even if a visa number does become available.