Overstayed tourist visa since 11 years old now turning 21

[cuig09 0]

I came to the U.S. when I was 11 years old and lived with my Uncle for 2 years with hopes of establishing a life here. During this time I overstayed my Tourist visa and being the apathetic kid that I was, I knew nothing of immigration processes. I was told that everything will be put in place once I'm older. Eventually my parents went to the United states and we moved to our own place and have been living with them up to this day. My mother filed for adjustment of status when i was about 15-17 years old. Unfortunately we became a victim of fraud. The lawyer took the money and we have got nothing. I am turning 21 soon and have been very anxious about being out of status since I turned 14 right before Highschool. I cannot fathom living anywhere else and have made many friends, graduated highschool, now in college (paying out of state tuition) just like a regular american student. I know nothing of life back home and want to know what my options are as i want to start living my life.

-highly apreciated

[Harsh_77 718]

None - there is nothing that you can do just coz you have lived here since 11 yrs illegaly does not give you a free ticket to convert to legal status.

[canadian_wife 1,822]

Right now, you don't have any options. I'm sorry - just because you came here as a child and attend school...sadly doesn't entitle you to anything

What is the status of your parents right now?

Good luck

[Brother Hesekiel 2,236]

Since Uncle Sam realizes that children have no say in where parents take them, illegal presence in the US is not recorded until the child becomes an adult, which is at age 18. From that day on you accumulated illegal presence and if you got picked up today for any reason and the immigration people get involved, you'd be deported with a 10-year bar for overstay and another 10-year bar for deportation attached.

Even after the bar is served, you'd never be able to get another non-immigrant visa, based on your immigrant intent on file.

That was the bad news.

Here's the not so bad one.

Since you entered the US with inspection, you are eligible to adjust status, once you become . . . uhh . . . umm . . . eligible to do so. Assuming you finish college and get a good job and go partying and to bars and get laid and meet a nice girl (or boy?) and get married eventually, your problems are over. You'll file for AOS and a few months later you'll have your Green Card.

Additionally you must have heard of the DREAM Act which has been proposed in various versions. You'd be a prime candidate for any of these versions, and I actually believe that it will pass eventually, although the "when" is anybody's guess.

As my lawyer told me for many years: keep a low profile until then.

[cuig09 0]

Since Uncle Sam realizes that children have no say in where parents take them, illegal presence in the US is not recorded until the child becomes an adult, which is at age 18. From that day on you accumulated illegal presence and if you got picked up today for any reason and the immigration people get involved, you'd be deported with a 10-year bar for overstay and another 10-year bar for deportation attached.

Even after the bar is served, you'd never be able to get another non-immigrant visa, based on your immigrant intent on file.

That was the bad news.

Here's the not so bad one.

Since you entered the US with inspection, you are eligible to adjust status, once you become . . . uhh . . . umm . . . eligible to do so. Assuming you finish college and get a good job and go partying and to bars and get laid and meet a nice girl (or boy?) and get married eventually, your problems are over. You'll file for AOS and a few months later you'll have your Green Card.

Additionally you must have heard of the DREAM Act which has been proposed in various versions. You'd be a prime candidate for any of these versions, and I actually believe that it will pass eventually, although the "when" is anybody's guess.

As my lawyer told me for many years: keep a low profile until then.

Yes i thought so too

and thank you for your well informed reply

would it be possible to get some sort of worker's visa?

[cuig09 0]

None - there is nothing that you can do just coz you have lived here since 11 yrs illegaly does not give you a free ticket to convert to legal status.

thanks

and yes i realized that

I was merely looking for options to at least be allowed to stay here

i'm not looking for a free ticket i'm looking for options or work arounds for now

[cuig09 0]

Right now, you don't have any options. I'm sorry - just because you came here as a child and attend school...sadly doesn't entitle you to anything

What is the status of your parents right now?

Good luck

dad is out of status and mom still hasn't gotten approved for her permanent labor certification

[Jojo92122 1,924]

There is nothing you can do to make yourself legal in any way right now. The only way you can become legal is to marry a US citizen.

You started to accrue days of unlawful presence once you turned 18 years old.

Even if your parents become US citizens, you will still encounter problems. Your unlawful presence will not be forgiven if they petition for you because you no longer qualify as an Immediate Relative (IR). IR are spouses, unmarried children under age 21, and parents.

The unlawful presence is what is going to cause you problems. Only marriage to a US citizen can help make you legal at this point.

Edited March 24, 2011 by Jojo92122

[Brother Hesekiel 2,236]

Yes i thought so too

and thank you for your well informed reply

would it be possible to get some sort of worker's visa?

A visa is a permission to visit (hence the similarity in the words). It's what gets you through the door, like an entry pass to Disneyland. Once you're inside, you can enjoy all of the rides and attractions until the park closes or security guides you out because you misbehaved.

So a visa needs to be applied for from outside the US. However, if you leave the US with your overstay of more than a year, you'd trigger the aforementioned 10-year bar. From within the US (in your position) you can't get any work permit, and you can't switch visas either. If that were possible, many overstayers would just try to enroll in a few classes at the local community college and then apply for a student visa and gain lawful presence this way.

At this point, your only hope is to get married eventually or the DREAM Act.