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Brought in legally as child. Visa never renewed

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Filed: Timeline

I'm not sure if this is the right place to post this. If not, sorry.

General question.... Someone is brought here legally as a baby. Later, their parents do not follow up with necessary renewal paperwork. The child is now 18. Anything the child can do to become legal again?

Thanks!

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Filed: Citizen (apr) Country: Canada
Timeline

moved to general immigration forum as you are more likely to get answers here

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General question.... Someone is brought here legally as a baby. Later, their parents do not follow up with necessary renewal paperwork. The child is now 18. Anything the child can do to become legal again?

The likely answer is "No."

Explain 'broght here legally'...

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Filed: Timeline

From my "best" understanding. Came to US, (don't know which visa was used) when time for renewal came, nothing was done. The child has lived in US for 17 1/2 years of their 18 years. They consider themselves American. They are trying to find out what their options are, since their parents failed to follow through.

Wish I had more info... but, this is all I know. :unsure: :unsure:

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Filed: Citizen (apr) Country: Canada
Timeline

There is something called "cancellation of removal" that you may be eligible for but it is certainly something a good, qualified immigration lawyer will need to confirm that you qualify for and help with the application. The trick to this is that the beneficiary must show that removal from the US will cause an extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence

Again, I am not sure how it works or even if you are elgibile for it but I do know it is extremely difficult to get even if qualified.

You should consult an immigration attorney to find out what your options if you do not qualify for Cancellation of Removal.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Other Timeline

Jim is the man to answer this in detail, but if the child entered legally and can prove this and hasn't left the US since 1997, AOS is possible. Since a minor had no chance to take care of his own immigration issues, now, as an adult, is the first chance to do this which just opened the door. I am optimistic.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Timeline
Jim is the man to answer this in detail, but if the child entered legally and can prove this and hasn't left the US since 1997, AOS is possible. Since a minor had no chance to take care of his own immigration issues, now, as an adult, is the first chance to do this which just opened the door. I am optimistic.

Thanks Bob! I appreciate it! :yes: :yes:

Edited by Manuel y Kathy
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