Entered without visa as a minor ten years ago

[Puravida4ver 0]

My neighbor entered the US illegally when she was 17, ten years ago. Does she have any basis to obtain a visa since she came to the US with her mother, and not truly of her own free will? A lawyer told her she may have grounds due to those cirumstances. I am not really sure where to start researching this topic. Any info is appreciated.

[eau_xplain 2]

It's true that she could claim that her entry was not truly of her own free will because she was a minor at that time. However, USCIS says that anyone with illegal entry or with expired status has 6 months after their 18th birthday to depart the country or correct their immigration status.

Unfortunately, since 10 years has expired since then, your friend cannot claim the "not her own free will" argument anymore.

[Puravida4ver 0]

That is good to know since I suspect the lawyer is trying to talk her into paying him to pursue that idea.

[Gaby&Talbert 1]

That is good to know since I suspect the lawyer is trying to talk her into paying him to pursue that idea.

If it were allowed every child would be able to become legal that came here with there parents. She will have to wait for amnesty or marry a citizen.

[EstebanTrabajos 7]

Aye Aye, If she marries a US Citizen, she still has to go back to her home country, apply for a fiance's visa and come back legally before marrying. Then after the marriage, apply for adjust of status.

Edited April 29, 2008 by GueraYTavo

[Gaby&Talbert 1]

Yes she will need to go back only at the time of the interview. She can marry here, file for CR1 and then just wait until her interview date.

[EstebanTrabajos 7]

Yes she will need to go back only at the time of the interview. She can marry here, file for CR1 and then just wait until her interview date.

I don't think that'll be possible, since she entered the country illegally she will have problems with immigration. If she would have entered legally and then married a USC, that's a different story. I may be wrong though. The reason why I'm saying this is because during the interview they ask you for your I-94, you need to have entered legally in order to have one.

Edited April 29, 2008 by GueraYTavo

[Puravida4ver 0]

Some Clarification. She told me that the lawyer says, since she entered as a minor, she may not need to return to Honduras to wait for a visa IF she were to marry a US citizen. Sorry, that is quite different from my original question. However, it doesn't sound like that advice is correct either. Thank You.

[sus 70]

Yes she will need to go back only at the time of the interview. She can marry here, file for CR1 and then just wait until her interview date.

I don't think that'll be possible, since she entered the country illegally she will have problems with immigration. If she would have entered legally and then married a USC, that's a different story. I may be wrong though.

If she entered on a tourist visa, she would have entered legally. However, the difficulty could come in on did she enter on an actual visa, or was she from a country that she entered on the visa waiver program. I had friends that entered through the VWP, overstayed, and were eligible to adjust under 245i - they were denied for other reasons, and now sit in limbo - the gov't can't deport them because they don't have an official reason (they didn't over stay a visa, they didn't need a visa), and they can't appeal their denial until deportation proceedings are started.

[Gaby&Talbert 1]

Yes she will need to go back only at the time of the interview. She can marry here, file for CR1 and then just wait until her interview date.

I don't think that'll be possible, since she entered the country illegally she will have problems with immigration. If she would have entered legally and then married a USC, that's a different story. I may be wrong though. The reason why I'm saying this is because during the interview they ask you for your I-94, you need to have entered legally in order to have one.

You misunderstood, I said she would go back for her interview in her home country but she doesn't have to go back until her interview date. There is not requirement to exit the US during the process, only to exit for the interview. She is already here so a few more months makes no difference.

[Gaby&Talbert 1]

Some Clarification. She told me that the lawyer says, since she entered as a minor, she may not need to return to Honduras to wait for a visa IF she were to marry a US citizen. Sorry, that is quite different from my original question. However, it doesn't sound like that advice is correct either. Thank You.

http://www.youtube.com/LaurelScott

Go here and all possible options are explained by a very good immigration lawyer.

[EstebanTrabajos 7]

Ohhh ok, myy bad.

Yeah bottom line, the only way to adjust her status is by either marry a USC, through family ties or the least (which I think will never come) amnesty.

[Puravida4ver 0]

Thanks - very helpful!

[SupportOAFJF 0]

just my 2 cents ..if she happens to marry a USC and leave the country..wouldn't she be barred for some years ? there nothing that can be done for her right now..i don't believe..just wait..i know ppl in the same situation..u can put in an I 130 and wait to see if the law changes..but DO NOT send it adjustment papers

[athena_ny 1]

just my 2 cents ..if she happens to marry a USC and leave the country..wouldn't she be barred for some years ? there nothing that can be done for her right now..i don't believe..just wait..i know ppl in the same situation..u can put in an I 130 and wait to see if the law changes..but DO NOT send it adjustment papers

She will be barred, but that's what waivers are for =/

Some Clarification. She told me that the lawyer says, since she entered as a minor, she may not need to return to Honduras to wait for a visa IF she were to marry a US citizen. Sorry, that is quite different from my original question. However, it doesn't sound like that advice is correct either. Thank You.

When she entered wouldn't really matter...she still entered illegally and would need to return to Honduras for the interview.