Hi, I'm new... please read???

[zetsumei]

Hi,

I'm trying to help a friend of mines who doesn't have a green card.
Now, here is his situation, he has not apply for it or anything.
He went to high school with me, and he has been here for 7 years.
Doesn't have a Social Security number or driver licence or anything... Not even a ID.
But he is clean, he doesn't do any drugs, does have a clean record. No fights or gangs or anything... Speaks full English...
He is Brazilian, He came here through passport and all that... So he does have that...
(We live in the state of Florida)

Can anyone help me/him out? Point us to some what direction were to go and what to look for? Even an ID it would be cool for now. He is my roommate, and he has proved to me over the years that he is trust worthy and a good friend. So I'm gonna at least try to help him out!

Thank you for your time!


Edit: Sorry I have posted I two dif. section, it's just I'm afraid I'm not going to get noticed over there!

[PraetorianXI]

Errr. did he come to the US legally? if not, then he pretty much qualifies for nothing (Except for maybe deportation )

[myredskins]

Originally Posted by zetsumei

Hi,

I'm trying to help a friend of mines who doesn't have a green card.
Now, here is his situation, he has not apply for it or anything.
He went to high school with me, and he has been here for 7 years.
Doesn't have a Social Security number or driver licence or anything... Not even a ID.
But he is clean, he doesn't do any drugs, does have a clean record. No fights or gangs or anything... Speaks full English...
He is Brazilian, He came here through passport and all that... So he does have that...
(We live in the state of Florida)

Can anyone help me/him out? Point us to some what direction were to go and what to look for? Even an ID it would be cool for now. He is my roommate, and he has proved to me over the years that he is trust worthy and a good friend. So I'm gonna at least try to help him out!

Thank you for your time!


Edit: Sorry I have posted I two dif. section, it's just I'm afraid I'm not going to get noticed over there!

Pray that the new bill comes out, and i think it might be helpful to a lot of people here illegally. You get to leave the US and are guaranteed of coming back provided you pay certain fines. So keep your fingers crossed

[zetsumei]

Originally Posted by PraetorianXI

Errr. did he come to the US legally? if not, then he pretty much qualifies for nothing (Except for maybe deportation )

Yes he came through the immigration process and everything! If that's what you mean

[austriacus]

zetsumei, it would be helpful if you could find out more information for us to give you specific advice. Since he doesn't have a GC, if he is here legally or has at some point entered the country legally, he would typically have entered with a nonimmigrant visa (Brazil is not one of the 27 countries participating in the visa waiver program), or perhaps his family could have sought asylum? To my knowledge, people can't just come here and stay here legally without being in some sort of nonimmigrant status. The government has thought up many different categories and laws for this that foreign nationals are asked to abide by.

[zetsumei]

Originally Posted by austriacus

zetsumei, it would be helpful if you could find out more information for us to give you specific advice. Since he doesn't have a GC, if he is here legally or has at some point entered the country legally, he would typically have entered with a nonimmigrant visa (Brazil is not one of the 27 countries participating in the visa waiver program), or perhaps his family could have sought asylum? To my knowledge, people can't just come here and stay here legally without being in some sort of nonimmigrant status. The government has thought up many different categories and laws for this that foreign nationals are asked to abide by.

I'm sorry, I'm trying to learn all these laws and such, he came in like a visitor would come in. Just as someone who would go to visit somewhere and stayed here... He came with his family, but now his family went back and he has been living with me for a while now... But he doesn't have any American documents. Does that clear anything? If not, I'll get him tomorrow to come in here and talk to you guys because I know nothing about the laws that are about to come out or anything...

Edit: He is here illigaly I suppose, sense he doesn't have a social or GC or anything... But he has been here for a while should he deserve something???

Edit again: Would he have any rights on getting any papers if he marry someone perhaps? If that's the only solution?

[austriacus]

zetsumei, people that come to the US as visitors (on a visitor visa) are limited in the time they can stay legally, usually a few months at most. If he entered the country legally (that doesn't just mean he entered using a passport - it means he had to be inspected by an immigration officer and allowed into the country), then it should be possible for him to obtain a GC while in the US based on marriage to a US citizen, provided it is a good faith marriage.

If he is in fact here illegally, there's also pending immigration reform that if passed, may create a new temporary worker visa category for people in that situation, but there's no way of telling if this will actually become law.

I wonder if anyone can comment on, if let's say he was a child when he entered or stayed here illegally, is there a way this can be forgiven? After all, it could not be expected of a child to make responsible immigration decisions.

[PraetorianXI]

He has only been here 7 years? I do not think the 1986 amnesty would save him or anything... we need more details. What type of visa did him and his family had? when did his family go back?

[LucyMO]

Originally Posted by zetsumei

Edit: He is here illegally I suppose, sense he doesn't have a social or GC or anything... But he has been here for a while should he deserve something???

You mean he has to be rewarded for breaking federal laws? people usually get punished for it.

[freedevil]

I think the friend is the OP. How do you go to school these days with no legal status?

[LucyMO]

you don't need a legal status to go to school. As long as you are paying, you can go to college. Or, if the scholarship is not federal money based, you can use one too.

And apparently only those on F-1 visa legally must pay for their high school education.

[freedevil]

Hmm even community college's now ask for proof of status. How do you just join a school, you fake apply as a citizen?

[zetsumei]

Originally Posted by freedevil

Hmm even community college's now ask for proof of status. How do you just join a school, you fake apply as a citizen?

When he first moved here he was 12, and he went to middle and then high school, they did not ask for anything but an address.

Now that he graduated high school, he can't go to college because they ask for SSN and he doesn't have one!

His visa was for 6 months... and his parents were here for a while, they left 2 years ago, and he decided to stay. Because he had a girlfriend and everything... Even a job at this restaurant. So he was making money and looking forward on marring her... But that did not happen...

So I guess the only way really is for him to get married, or wait to see if this new "law" comes out then huh?

Well thanks guys!

[PraetorianXI]

Let's see if I got this right:

He has been working illegally (since your state he does not have a SSN). And of course NOT paying taxes...

He overstayed, for more than 180 days which could result in a 3-10 years ban...

He will plan to "get married" in order to "not leave" which is circumventing the immigration laws...

And you wonder if he "deserves" something for this?

[zetsumei]

Originally Posted by PraetorianXI

Let's see if I got this right:

He has been working illegally (since your state he does not have a SSN). And of course NOT paying taxes...

He overstayed, for more than 180 days which could result in a 3-10 years ban...

He will plan to "get married" in order to "not leave" which is circumventing the immigration laws...

And you wonder if he "deserves" something for this?

You know you are right...
Well what about the ones that come here that already some how got their papers, yet they aren't doing anything to the country but trouble... I'm talking about drug dealers and gangs and everything else... you know it's out there... yet this kid came here to change the way of his life... he went to school, he is a hard working kid and trying to make a difference yet he can't and why? I really don't understand people some times!

[PraetorianXI]

Life 101: Life is not fair.

Originally Posted by zetsumei

yet this kid came here to change the way of his life... he went to school, he is a hard working kid and trying to make a difference yet he can't and why?

Is he paying taxes?

[freedevil]

Law does not see emotion.

[austriacus]

I agree with the sentiment of the others here that he ought to have tried to resolve his immigration status sooner. But if I understand it correctly, he was 12-13 years old when his parents irresponsibly lets his immigration status lapse. Is there some relief for someone who finds themselves in this situation when they reach adult age?

[myredskins]

Zetsumei,

You is good people. Dont worry about the Venenzuelan. Try and help your friend in whatever way you can in legalizing his or her status. People on this forum sometimes dont realize that at the end of the day it boils to an individual and their circumstances. How can we prove that the people on this forum have genuine relations anyways? There is no way of doing it, and it is not necessary to do it. You are here to seek help, and I think you have found out that your friends situation is complicated. This forum could mostly help if your friend was married. If he wants to stay in America and better himself, let him stick around, eventually something will come through. Dont be discouraged bro. Keep fighting.

[PraetorianXI]

Originally Posted by myredskins

Zetsumei,
You is good people. Dont worry about the Venenzuelan.

What do you mean?

Lol. I was merely stating the facts. Truth hurts I know, I am sorry if I sounded insensitive. I do not doubt his friend is a good person and I agree that some people here in the USA (some USC included) are junk... but then, we have those all over the world.

The truth remains. It will be very hard for his friend to do anything. But not impossible. I would rather point out the hard facts than give false hope .

But sure, I wish him success, but we do pay for our parents mistakes.

[austriacus]

zetsumei,

your friend needs to take a real good look at Section 212 of the Immigration and Nationality Act, especially the portion describing "aliens unlawfully present."

One provision I find here is: (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Your friend would be around 19 years old so time for him is running out under this provision to claim he was a minor when he violated his status.

[GotPR?]

Originally Posted by austriacus

I agree with the sentiment of the others here that he ought to have tried to resolve his immigration status sooner. But if I understand it correctly, he was 12-13 years old when his parents irresponsibly lets his immigration status lapse. Is there some relief for someone who finds themselves in this situation when they reach adult age?

There is no relief, but overstay subject to entry bar starts once s/he turned 18 years old. Til then, technically, they are not subject to entry bar even though they overstayed more than a year.

This case is perfect example that parents' ego ruined children's life. I feel sorry for the kids.

[zetsumei]

Originally Posted by austriacus

zetsumei,

your friend needs to take a real good look at Section 212 of the Immigration and Nationality Act, especially the portion describing "aliens unlawfully present."

One provision I find here is: (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Your friend would be around 19 years old so time for him is running out under this provision to claim he was a minor when he violated his status.

Thank you for that...
Really!

Also He is 20 years old, he has been here sense he was 13.
He has never apply to any kind of document...

Thanks for you guys being supportive, and I'll keep helping him out in which ever way comes! I'm thinking of making an appointment with a lawyer but I do not want to waste money to find out that there is nothing I can do for him!

[freedevil]

A lawyer would be the best bet for you.