Unusual situation, advice needed please.

E

enoch

Registered Users (C)
Hi there,

I like to know if i can receive some advice regarding my current situation. I'm 17 years old, turning 18 in October this year. I currently reside in the U.S and I have been living here 14 years without a green card, which means I came here when I was 3. In 2001, my dad filed a i-130 under my aunt who is a U.S citizen, but I know that will take forever, since they didnt even get to our file and the visa cap is in like 1995 or something. No one in my family(father, brother, and my mom who died in the states in 94) have green cards. We came here on a B-2 visa which expired wayyy long ago.

So my question is, I understand that if you overstay u will be banned/barred from the U.S. However, I hear that if you are under 18, it does not apply to me.

I am already accepted into college in the U.S. I was wondering if I can travel back to my home country or maybe even get deported, JUST myself and apply for a F-1 visa in my home country to come back and study here, since it will give me a better chance at getting a green card then just staying here.

Thank you.
 
there is ahigh risk of your F1 visa petition being denied if you leave this country, your best bet may be to consult an immigration attorney.
 
Also, being out of status for so long you are also subject to a 10 year bar for sure if you leave the country. You mentioned your aunt filed for your dad (I-130) am assuming during the April 2001 (254i) amensty, are you also on that application? Since your family is in the States your F1 will have a hard time being approved because of lack of ties to your home country.

I would go and see a really good lawyer and see what he will say, i think but am not sure if you are on your dad's application they might be able to get you in that 245i group even though it has expired. I would not leave the country because of the bar though, either way speak with a few lawyers and make your own judgment. Sorry could not be of more help.

Good luck

Regards

HRH
 
You need a lawyer, since you been here more than 5 years wait for the new Immigration Bill to pass, you can get citizenship under it.

Also I was reading about this kid who was an illegal and graduated top of his class this year , so as for school I think you can get away with it if they think you have a greencard.
http://www.ocregister.com/ocregister/news/atoz/article_1193748.php

But talk to a lawyer and do some research.

Good Luck
 
the chances that the bill might pass is really slim so im afraid it'd be pointless.

if i did happen to get a F-1 visa back in the states, how long would the process to get a green card be?


thank you for all ur input
 
hrh said:
Also, being out of status for so long you are also subject to a 10 year bar for sure if you leave the country.
Click to expand...
Minors are not subject to this rule.

But getting new non-immigrant visa will be very difficult in this case as s/he overstayed such a long time.
 
This is something an attorney should answer: :confused:

From what I understand being Out of status is not as bad as having entered the country illegally.
As long as you can prove you entred the US legally ( stamped passport, I-94) you have better chances of being approved for GC as long as your Legal US relative can file I-130 for you, seeing as you do not have a relative with a GC this is complicated, I would Not leave before talking with an attorney

try looking at the USCIS website for more info
http://www.uscis.gov/graphics/formsfee/forms/i-485.htm
 
Addie_Goodvibes said:
This is something an attorney should answer: :confused:

From what I understand being Out of status is not as bad as having entered the country illegally.
As long as you can prove you entred the US legally ( stamped passport, I-94) you have better chances of being approved for GC as long as your Legal US relative can file I-130 for you, seeing as you do not have a relative with a GC this is complicated, I would Not leave before talking with an attorney

try looking at the USCIS website for more info
http://www.uscis.gov/graphics/formsfee/forms/i-485.htm
Click to expand...


I entered the U.S with my family with a B-2 visa and our aunt filed a i-130 for my dad which i am under in 2001, however, if that does get approved, the visa wait list is still in like 1995, which is insane, i have to wait years and years, so im wondering if this is a quicker way to get a GC.
 
Basically, I do agree with the others. U need to contact a immigration lawyer 4 ur situation. U r out of status and u r a minor. If u lv the country u will not b able to apply 4 a F1 visa, they will flatly deny u, cos of ur ovr-stayed status. I guess u can try going to ur local college and register, i assume u had a ss# whilst going to sch 4 all these yrs. When u r 19 u can opt 4 a USC get married and call it a day...Good luck
 
haha, i wish getting married was that easy. who would marry someone without a job? i wanna marry someone i love..

anyway, i dont have a ss#, however, i am gonna pay in-state tuition, i live in NY. im hoping to do good in school and maybe after i graduate, i'll fall in love with a usc...


gosh, i hate this.
 
hey! you never know....i had a Prof. who once said that college is the place where most ppl meet their future partner!! :p so you might just get lucky!!
of course i really hope that you find a guy w/ good character and all that other good stuff!!! ;)
 
enoch said:
anyway, i dont have a ss#, however, i am gonna pay in-state tuition, i live in NY. im hoping to do good in school and maybe after i graduate, i'll fall in love with a usc...
.
Click to expand...
It looks to me you have almost nowhere to go.

If you go out and apply F1 abroad,there is very high chance of denial because of overstay(not because of entry ban) and this overstay will haunt you for your life time.
Only hope is you apply for F1 in the US and pray for CIS not to deny it. If you are under 245(i), there may be a chance(not sure, though).

THis is perfect example how irresponsible parents ruined their kid's life.

you should talk to lawyer, VERY good lawyer before jumping into conclusion.
 
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yea i looked under the qualifications for the dream act, and yes im qualified. however to my understanding, it was introduced last year, got shot down, got reintroduced and now its within the immigration bill thats "on the table"...and right now, although it got passed the senate, its gonna be real hard to pass the house cuz of the gop....

all my hope is really on this immigratiob bill...

and as for the 245i, my family should be under it because we are pretty sure we filed it on april 30th 01, however we cannot prove it because we dont have the receipt for the certified mail we sent. In order for us to prove it, we have to file a FOA and the lawyer i spoke to, he says it takes 1+ year to process. Even tho i am covered for the 245i, the visa wait list is crazy long for invitation for brother/sister.
 
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