Jump to content
Moisesram

Legal Guardian of 2 undocumented kids.

By Moisesram in General Immigration-Related Discussion

 Share

7 posts in this topic

Recommended Posts

Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You do not mention on what basis you are looking to sponsor them. However none comes to mind.

I would mention that whilst they are deportable now, illegal presence does not start accruing until they hit 18.

Once they have 180 days illegal presence, bans start accruing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

You cannot adjust their status. You can possibly sponsor them for F1 (student) visas, but would need to pay for private school/ college.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Isn't there a humanitarian law which would allow me to protect them since their mom can no longer care for them?

You asked about an immigration benefit.

You said you were already their legal guardian.

You have mentioned very little of the circumstances, would it be better for someone in their own country to act in this role? Family member whatever?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I am a US citizen and I am the legal guardian of 2 undocumented children can I sponsor them?

One of them is 15 and the other one is 17. Can I adjust their status. I don't want to adopt them.

Their mom is sick.

The only authority a legal guardian has under immigration law is that they can sign documents on behalf of the kids. Being their legal guardian doesn't confer any family relationship that would allow you to petition for them. Further, I'm fairly certain that their illegal entry makes them ineligible to adjust status in the US on the basis of any family based petition. Their only options would be if they were abused by a US citizen or LPR parent while they were in the United States, or if they qualified for asylum or refugee status.

I don't think you could adjust their status even if you adopted them. They would have to return to their home country, get an immigrant visa, and enter the US legally. They don't start accumulating unlawful presence time until they turn 18, so there would be no automatic ban if they left the US, but their illegal entry makes it practically impossible for them to get a green card without leaving.

Your only other option is to hope the DREAM Act passes. Don't hold your breath. The mood in Congress and in the country is strongly against any sort of immigration reform that includes amnesty, at this point.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to General Immigration Related Discussion as this isn't a question about the AOS process specifically, more a general Immigration "question"/need for definition**

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...