minor soon to be 18

[phantom314]

My friend came to the US on her dad's temporary work visa between 5 and ten years ago. Her family is still in the country, and the visa expired over a year ago. She will turn 18 in the next year, and we have no idea what to do to keep her in the country. She has a boyfriend who is a legal citizen and says he's willing to marry her, but will be attending college and doubts he can make the necessary $17,000/year. One major potential problem: her parents may withhold important documents such as the I-94, visa, and passport because it may reveal them, but more likely because they don't get how precarious their situation is.

What are her best options?
(thank you)

 

[senowen]

Your friend should not get married just to get a greencard. Immigration will find out and it will be a problem. However, if your friend does really want to get married and her boyfriend wants to get married then she should tell her parents that if she gets married and gets a greencard she will be able to become a citizen three years later. Once she is a citizen and over 21, she can file for her parents to get a greencard if they are still in the U.S. Her parents will not need to leave in order to get their greencard this way. BUT, she can only do this if she has a copy of her passport that shows she was lawfully admitted to the U.S.

As far as her boyfriend not making enough, this shouldn't be a problem. They can get a co-sponsor, who can be any U.S. citizen or permanent resident and does not need to be related to either your friend or her future husband.