AOS after 8+ year overstay as a minor

[John & Mary 1]

One of my former students came to the US over 8 years ago on a tourist visa from Brazil. She was around ten years old at the time, and it was her parents' decision to keep the family in the US after their tourist visas expired. Her parents enrolled her in fourth grade in an American public school in 2000, and she recently graduated with honors from high school.

Now her problem is two-fold: first, she wants to go to college, but is of course ineligible for any kind of scholarship or loan assistance as an illegal immigrant. She doesn't even have a social security number. Is it possible to adjust status to a student visa?

Secondly, she wants to get married to her American high school sweetheart. (The marriage is NOT for immigration purposes; they're engaged, but are currently planning a wedding over a year in the future.) She would like to sort out her immigration status BEFORE marriage if possible.

I told her that I thought an overstay would be forgiven for AOS based on marriage to a USC, but that she may be required to repay the public school system for eight years of tuition. Is that the case for AOS? I know there's a question about it on the DS-230, but I wasn't sure if it would stand otherwise.

Does the fact that she was a minor when her parents chose to make her overstay matter? She has only very recently reached the age of 18. What problems do you foresee with her potential AOS application?

[justashooter 430]

One of my former students came to the US over 8 years ago on a tourist visa from Brazil. She was around ten years old at the time, and it was her parents' decision to keep the family in the US after their tourist visas expired. Her parents enrolled her in fourth grade in an American public school in 2000, and she recently graduated with honors from high school.

Now her problem is two-fold: first, she wants to go to college, but is of course ineligible for any kind of scholarship or loan assistance as an illegal immigrant. She doesn't even have a social security number. Is it possible to adjust status to a student visa?

Secondly, she wants to get married to her American high school sweetheart. (The marriage is NOT for immigration purposes; they're engaged, but are currently planning a wedding over a year in the future.) She would like to sort out her immigration status BEFORE marriage if possible.

I told her that I thought an overstay would be forgiven for AOS based on marriage to a USC, but that she may be required to repay the public school system for eight years of tuition. Is that the case for AOS? I know there's a question about it on the DS-230, but I wasn't sure if it would stand otherwise.

Does the fact that she was a minor when her parents chose to make her overstay matter? She has only very recently reached the age of 18. What problems do you foresee with her potential AOS application?

in theory she can adjust after marriage to a USC, since she had a legal visa for entry. she should marry the guy and not leave the country till she gets her green card or she'll wind up in a limbo nightmare. she cannot adjust status any other way. her parents have no legal means to adjust other than waiting for her to get citizenship and apply for them. they would have to return to brazil and apply for a waiver for the illegal overstay.

in principle what she is doing is wrong, and you should not be helping her, but that's just my opinion, and the opinion of many Americans and posters on this board. and no, she won't have to pay for her pirmary and high school education. American citizens already did. and no, we really don't want to pay to put her through college, but after she gets a green card, America is wide open to anything she can take from it. that's just the way it is.

[John & Mary 1]

in principle what she is doing is wrong, and you should not be helping her, but that's just my opinion, and the opinion of many Americans and posters on this board. and no, she won't have to pay for her pirmary and high school education. American citizens already did. and no, we really don't want to pay to put her through college, but after she gets a green card, America is wide open to anything she can take from it. that's just the way it is.

I would agree that what her parents did was "wrong," but she was ten years old when she was brought here. How can we expect her to go back to Brazil, where she has no family anymore, and sacrifice everything because of something that happened to her as a child? Now that she is an adult, she is very eager to become a legal resident and taxpayer and to do things the "right" way. I don't know how you could not want to help someone in that situation.

[Bobby+Umit 161]

One of my former students came to the US over 8 years ago on a tourist visa from Brazil. She was around ten years old at the time, and it was her parents' decision to keep the family in the US after their tourist visas expired. Her parents enrolled her in fourth grade in an American public school in 2000, and she recently graduated with honors from high school.

Now her problem is two-fold: first, she wants to go to college, but is of course ineligible for any kind of scholarship or loan assistance as an illegal immigrant. She doesn't even have a social security number. Is it possible to adjust status to a student visa?

No - it would be very difficult to do that. She would probably need to go back to her country to apply for a student visa, but then the 10 year ban would kick in on attempt to re-enter the US.

Secondly, she wants to get married to her American high school sweetheart. (The marriage is NOT for immigration purposes; they're engaged, but are currently planning a wedding over a year in the future.) She would like to sort out her immigration status BEFORE marriage if possible.

She should get married now, AOS (don't bother with the AP), and get the GC. Do that ASAP.

I told her that I thought an overstay would be forgiven for AOS based on marriage to a USC, but that she may be required to repay the public school system for eight years of tuition. Is that the case for AOS? I know there's a question about it on the DS-230, but I wasn't sure if it would stand otherwise.

As long as she entered "legally" (which, to what your wrote, she did), she is eligible for AOS. I am not sure about repayment rules (if there are any?) - sure someone here will be around to chime in.

Does the fact that she was a minor when her parents chose to make her overstay matter?

No, the law is the law, covers you whatever age you are.

She has only very recently reached the age of 18. What problems do you foresee with her potential AOS application?

The only problem is that she is currently "out of status" (way out of status) and subject to deportation. Once she gets married and they file for the AOS, upon receipt of the NOA, she will be "applicant to adjust status" - which will normally stop any problems (with the status question). Passing the AOS interview is another matter, would be a start on what evidence will be needed.

[John & Mary 1]

Thanks, Bobby. Another question for you or for anyone else: if she attempts to adjust status, would that put her parents and sister at risk for deportation? (Since it might put them on USCIS's "radar".)

[Bobby+Umit 161]

Thanks, Bobby. Another question for you or for anyone else: if she attempts to adjust status, would that put her parents and sister at risk for deportation? (Since it might put them on USCIS's "radar".)

Always a risk, she would not want to "lie" if asked about their current status, location. (misrepresentation is not a good thing with the government).

On the G-325 - it will ask where they are living (parents) - since their current residence is in the US, and the person filling it out swears all the information is true ...

But it should not be an issue for her AOS (with them being out of status), since she is her own person.

Really depends on the IO looking over the paperwork, and what questions are asked.

However, you should urge them to get "legal" somehow. (lawyer time for sure)

[vip1 8]

Her only option is to get married. Her parents would not be at risk, and she does not have to pay back anything for education. If she has a legitimate relationship, the interview won't be hard. Good luck, I feel for those person that were brought here as kids and now are left with this mess.

[desert_fox 32]

I think that a minor that was brought here by their parents, entered legally, does not accumulate illegal overstay until they reach the age of 18.