This underage person has family in the USA but they are undocumented as well. They do not have run ins with the law, but they do not have legal residency status. If she were to get caught by ICE upon her entrance to the USA and they allow her to be relased to a sponsor, would they release her to a family member who is undocumented? Would this put the family member in danger of getting deported?
You should discuss this with a local immigration attorney.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.
1 lawyer agrees
It is not uncommon for unaccompanied minor to be released to undocumented relatives. Whether this will put family member in danger is hard to predict. I have seen cases where no harm came to the family members, but ICE has their own priorities for arrests and any interaction with immigration authorities holds some danger for undocumented aliens.
Speak with an attorney in private to determine the best course of action for your family.
Law Office of Mary K. Neal | www.immigratechicago.com | firstname.lastname@example.org| 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.