Asked 10 months ago - San Diego, CAFlag
I graduated from high school, and have been in the US since 1990.
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It depends on what you mean by "fix," whether you qualify for 245(i), how you entered the US, whether you have a qualifying petitioner, etc.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
It seems that if you are under the age of 30, graduated from high school, was brought to the US through no fault of your own, no criminal convictions, you might be eligible for the new discretionary relief. It will allow you to get employment authorization, but you still need to get some other basis to get a green card. Since you have been here long enough, you might qualify for cancellation of removal. You need to speak to an Immigration lawyer!
New York Immigration Lawyer
68 South Service Rd, Suite 100
Melville, NY 11747
Your question is a bit vague. In order to better understand your situation, we would need to know several important things such as:
Your marital status,
whether you have committed any crimes or offenses,
whether you have ever been detained by immigration authorities,
whether you have been previously removed from the U.S.;
Do you have children?
Do you or have you attended school in the U.S.?
Do you have immediate relatives such as parents, siblings or children who are U.S. citizens or permanent residents?
These are some of the most basic questions you would have to respond in order for us to be able to make a better assessment of your case.
I encourage you to call us or any other competent attorney, schedule a consultation so you can better get a sense of what your situation looks like and what options, if any you may have.
If you are under 31 years old as of June 15, 2012, I would also recommend that you look into the recent Deferred Action for Childhood Arrivals (DACA) that is about to begin very soon. If everything else fails, this could at least give you some protection and the ability to obtain employment authorization.
The law provides for many ways to obtain lawful status -- whether permanent or temporary -- in the United States, though your eligibility is likely hindered by your illegal entry and your lengthy residence without lawful status. Because immigration eligibility is an extremely individualized inquiry, you should discuss your question with an immigration attorney so that he or she can review all of the relevant information. While you're there, inquire about the new DREAMers deferred action program announced on June 15, which may benefit you temporarily (but effectively).
Assuming you are under the age of 31, and:
1. Came to the U.S. under the age of 16;
2. Have continuosly resided in the U.S. for at least 5 years preceeding June 15, 2012 and can prove that you were physically present in the U.S. on June 15, 2012 and;
3. Have not been CONVICTED of a felony offense, a "significant" misdemeanor offense (3 DUI's will likely propel you into that category) OR otherwise pose a threat to national security or public safety (think gang member; body full of questionable tatoos; etc.) ,
then you ARE elligible to apply for "Deferred Action" announced by Pres. Obama on June 15.
This form of a "castrated" or diminished form of "DREAM ACT" will make you eligible for obtaining lawful employment authorization in the U.S., as well as a driver's licence and a social security tax, with which you'll be able to file taxes.
BEWARE! this "benefit" will only be valid for two (2) years and is NOT a "green card"!
Talk to legitimate lawyers and NOT to "notarios" and other "immigration consultants"!
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