When I was 11 years old my parents brought me into the country illegaly. I am now 21 and unelegible for the application my aunt has summited decades ago for my mom. No one in my immediate family is a legal resident except for aunts and uncles. My grandma has a visa but does not live in the U.S, but only visits. I have forgotten all knowledge of my country of origin in addition to the language there spoken. I attended school here 6th grade through high school. Was unable to attend college because of legal status. Went into trade school but because of lack of a social security number I am turned down from jobs or help for employment. Is there any way to get help? Perhaps a hearing with an immigration official without getting deported?
There is likely no other way. You say that your aunt had a petition for your mother. If it was filed before April 30th 2001 and you were listed on it as your mothers son, then you might be 245i eligible but only if you were present on Dec. 21st 2000. If this is the case then you will be able to adjust your status if you get married to a U.S. citizen or if there is another relative petition for you.
Generally people who have entered the country and stayed for more than one year can not adjust their status even if they do marry a U.S. Citizen, they must leave the country and then face a 10yr bar. They then have to apply for a waiver of the bar if they can show that their USC/Greencard parent or spouse would suffer extreme hardship if the bar were not waived. People who are 245i eligible do not have to leave the country.
An immigration judge will generally not be able to grant you status unless you are seeking asylum, or you are seeking cancellation of removal at which point you would have to show that your U.S. Citizen or Greencard holding- Spouse, Parent, or Child would suffer extreme and unusual hardship if you were removed. You would not be able to go infront of a judge unless you were already in removal proceedings so Cancellation of Removal is a last resort deal.
The Dream Act is a bill in congress that was designed to help people like you however, it has not passed and is not likely to pass with this current congress. http://www.dreamactivist.org
Your situation is very unfortunate, however you are not alone, hundreds of thousands of young people are in your situation.
You really should have an actual legal consultation with an attorney and go through your entire history to get legal advice specific to your case. What Ive written above is just general information and not specific legal advice.
My general advice now is for you to stay out of trouble, and wait for something in the law can change to help you, or you get in a serious relationship.
Andre Olivie, Esq.
1 found this helpful
2 lawyers agree
I would concur with the previous answer. In addition, you should obtain a copy of the petition that your aunt filed for your mother, in case you require it in the future. That may be your ticket to adjust status inside the U.S. Lastly, if after confirming that you are 245i eligible,then you may want to consider a PERM case to seek adjustment of status. Go talk to a lawyer.
Best of luck.
Verdin Law Firm, LLC
2 lawyers agree