16 years old immigrant teen from colombia.

[zeusthunder10 1]

Hello,

I arrived to this country 5 years ago, my mom came here 6-7 years ago and she's a permanent resident thanks to my brother who's a citizen and wavered her.

My mom's green card and citizenship is supposed to arrive in 2-3 years ( shes been a perm resident for a year)

shes really trying to get me papers so i can go to college, get a job and move out and have my life.

she doesn't know what to do because every lawyer shes has spoken to had told her something different.

shes thinking of getting me married when i turn 18, but i frankly do not want to since i already have a GF who i have been with for almost a year and i do not want to get married for papers.

i do not want to wait until im 18 either, i wanna get a job and help my mom and start saving up for college and a car and all

help?

[Kathryn41 3,205]

How did you arrive in the US? Did you come in on a visa or did you come in undocumented?

If you came in undocumented and are now 16, you do not have a legal status in the US, but you also have not accrued any illegal presence time, which is important. Once you turn 18 you start accumulating illegal presence which means that you will incur a 3 year or a 10 year ban on being allowed to re-enter the US legally. Unfortunately, if you entered without inspection at the border, then you are not eligible to obtain permanent residency in the US. You have no status in the US so you cannot adjust status to become a permanent resident, You can only be sponsored to come to the US through an overseas US Consulate. If you have a 3 year or 10 year ban due to illegal presence, then you would have to wait out that time before you would even be eligible for a sponsorship, unless your mother was able to prove some sort of 'hardship' waiver on your behalf. (These are difficult to obtain)

Once your Mother becomes a US citizen, she can sponsor you to become a permanent resident as long as you are able to be processed in an overseas consulate, have no ban or accumulated days of illegal presence, and you are unmarried. Since it looks like she won't be eligible to become a US citizen for another 3 years or so, that means you will have turned 18 before she gets her citizenship. To remain 'eligible' to be sponsored, you would have to leave the US once you turned 18. The sponsorship of an unmarried child will also take a few years so you may want to set up some sort of situation now back in your home country so you can continue to be eligible.

The only way your mother could sponsor you with you remaining in the US is if you currently have a valid legal status in the US - such as a student visa, a visitor's visa, an employment visa, etc. You have to be legally present and have a currently valid legal status before you can adjust status. Only spouses of US citizens can adjust status to become a permanent resident from an 'expired' or out of status state. Even if you had a visa when you entered 5 years ago, that status has now expired, so you are out of status. Once you turn 18 you will begin to accrue illegal presence days and will incur a 3 year or 5 year ban on entering the US.

I'm sorry that there is not better news for you right now. There is talk of immigration reform in President Obama's new term so circumstances for you may change. Right now, that is the best hope I can offer.

Edited December 25, 2012 by Kathryn41

[LIFE'SJOURNEY 970]

How did you arrive? Via what type of visa if any?

[zeusthunder10 1]

How did you arrive in the US? Did you come in on a visa or did you come in undocumented?

If you came in undocumented and are now 16, you do not have a legal status in the US, but you also have not accrued any illegal presence time, which is important. Once you turn 18 you start accumulating illegal presence which means that you will incur a 3 year or a 10 year ban on being allowed to re-enter the US legally. Unfortunately, if you entered without inspection at the border, then you are not eligible to obtain permanent residency in the US. You have no status in the US so you cannot adjust status to become a permanent resident, You can only be sponsored to come to the US through an overseas US Consulate. If you have a 3 year or 10 year ban due to illegal presence, then you would have to wait out that time before you would even be eligible for a sponsorship, unless your mother was able to prove some sort of 'hardship' waiver on your behalf. (These are difficult to obtain)

Once your Mother becomes a US citizen, she can sponsor you to become a permanent resident as long as you are able to be processed in an overseas consulate, have no ban or accumulated days of illegal presence, and you are unmarried. Since it looks like she won't be eligible to become a US citizen for another 3 years or so, that means you will have turned 18 before she gets her citizenship. To remain 'eligible' to be sponsored, you would have to leave the US once you turned 18. The sponsorship of an unmarried child will also take a few years so you may want to set up some sort of situation now back in your home country so you can continue to be eligible.

The only way your mother could sponsor you with you remaining in the US is if you currently have a valid legal status in the US - such as a student visa, a visitor's visa, an employment visa, etc. You have to be legally present and have a currently valid legal status before you can adjust status. Only spouses of US citizens can adjust status to become a permanent resident from an 'expired' or out of status state. Even if you had a visa when you entered 5 years ago, that status has now expired, so you are out of status. Once you turn 18 you will begin to accrue illegal presence days and will incur a 3 year or 5 year ban on entering the US.

I'm sorry that there is not better news for you right now. There is talk of immigration reform in President Obama's new term so circumstances for you may change. Right now, that is the best hope I can offer.

i arrived with a tourist visa. i overstayed.

[LIFE'SJOURNEY 970]

Your mother can file for you as her child while she is a LPR, but you will have to interview outside of the US. Have mother to file now, leave the US before you are 18 and 1 months old, therfore you will not have incurred any overstay.

BTW breaking the law doesn't make a good impression on any college or job application.

[zeusthunder10 1]

Your mother can file for you as her child while she is a LPR, but you will have to interview outside of the US. Have mother to file now, leave the US before you are 18 and 1 months old, therfore you will not have incurred any overstay.

BTW breaking the law doesn't make a good impression on any college or job application.

my mom doesnt want me to leave the country for any reason

shes thinking of getting married so she becomes a citizen before i turn 18.

[LIFE'SJOURNEY 970]

my mom doesnt want me to leave the country for any reason

shes thinking of getting married so she becomes a citizen before i turn 18.

Your mother getting married doesn't grant her citizenship. What so bad about going back to your home country, there are many safe place still there.

Making bad decisions will only compound and make the problem even bigger. Your mother needs to get the immigration facts straight first before she makes any ill gain decisions.

Edited December 26, 2012 by LIFE'SJOURNEY

[zeusthunder10 1]

Your mother getting married doesn't grant her citizenship. What so bad about going back to your home country, there are many safe place still there.

Making bad decisions will only compound and make the problem even bigger. Your mother needs to get the immigration facts straight first before she makes any ill gain decisions.

doesnt grant her citizenship but it makes the process faster so she can waiver me before i turn 18

if you think colombia is safe right now you need to go do some research.

[LIFE'SJOURNEY 970]

doesnt grant her citizenship but it makes the process faster so she can waiver me before i turn 18

if you think colombia is safe right now you need to go do some research.

Every country has killings, people are living and making do. Country is still on the map. Babies are being born every day. No one is dropping bombs on Columbia, other countries have it worst. there are town and cities in the US that are just as hash as Columbia.

Your mother getting married doesn't do what you think, it doesn't just wavw you in with a white flag or a green light to go. Study the immigraation rules before you'll make poor decisions, that may effect the rest of your life.

[zeusthunder10 1]

Every country has killings, people are living and making do. Country is still on the map. Babies are being born every day. No one is dropping bombs on Columbia, other countries have it worst. there are town and cities in the US that are just as hash as Columbia.

Your mother getting married doesn't do what you think, it doesn't just wavw you in with a white flag or a green light to go. Study the immigraation rules before you'll make poor decisions, that may effect the rest of your life.

learn how to spell Colombia.

[LIFE'SJOURNEY 970]

learn how to spell Colombia.

Since that is so important to you, why don'y you get your facts straight about immigration. Since I was trying to assist you, but hey, I don't need to know how to stay since I am a USC,

My spelling of Colombia isn't going to make your journey any easier. I could have been hash like most of those who will eventually respond to your post, and say Go home. But I will discontinue this discussion and move on to someone who deserves my assistance.

as the saying goes, it's always the dumb ones who bites the hand that is trying to feed them.

Edited December 26, 2012 by LIFE'SJOURNEY

[AmyWrites 593]

learn how to spell Colombia.

He's trying to help you. You just don't get married for papers and that's done. If you do get married *just* for papers, that's fraud. And that would be the least of your problems.

[zeusthunder10 1]

He's trying to help you. You just don't get married for papers and that's done. If you do get married *just* for papers, that's fraud. And that would be the least of your problems.

every member of my fam has done it. my brother did it, my cousin did it, my uncle did it.

[zeusthunder10 1]

you guys just dont know how horrible it is, my GF is getting her drivers permit and shes gonna drive me around because i cant get mine because im undocumented.

i cannot help my mom pay the bills and i have to rely on her whenever i need money to take my GF out

sorry if i sound rude i just hate bad news...

[belinda63 3,038]

The only way I see possible for your mother's plan to work is for her to marry a US citizen before you turn 18 and have them petition you as a step-child or for you to marry a USC when you turn 18.

You seem to be a mature man and considerate of your mother and her desires, but allow me to point out the negatives of this plan. Would you be willing to see your mother in a love-less marriage just for the sake of your happiness? Would you be willing to risk not only your ability to stay or return to the US but also having your mother deported with a life-time ban for immigration fraud? Would you be willing to risk your other family member's immigration status just so you could remain in the country?

Either of the above plans is going to draw red flags to your case, having overstayed a number of years, other members of your family obtaining immigration benefits by marriage, etc. You would be risking not only your ability to remain in the US but a lot of your family members could become implicated also and possibly deported.

If your mother petitioned for you right now, there is less than a two year wait for a visa. You will not incur a ban until 6 months after your 18th birthday. Meaning when you turn 18 you begin accumulating unlawful presence and when you hit 6 months of unlawful presence you receive a 3 year ban upon leaving the US. You will have to interview in Colombia for the visa but you can do the math and see what the possible solution is for you to obtain legal status in the US.

I understand your pain and think it is wonderful to want to help your mother in such a way. You need to do things the legal way and not just the easy way. You will find out in life that the easy path is not always the best one.

Good luck to you and I am sorry your family placed you in this situation.