Before you can think about adjusting your status through asylum, you must apply for asylum, and be exempt from the one-year filing requirement.
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Based the information you have a long immigration history that needs to be discussed in detail. The best way of doing this is setting up an appointment and reviewing the facts. This will provide the attorney with the necessary facts to give you the possible options to obtaining legal status in the US or weather this is not possible at this time.
Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.
Your question discusses the fact that you entered at the age of 10 and that you are a graduate of college and presumably high school. Thus, it appears you may be eligible to apply for Deferred Action for Childhood Arrivlas known as "DACA " ; whether you should apply or not will depend on various factors, which you can read about at the USCIS.gov website; there are very helpful Frequently Asked Questions you can find on the website. Note also that DACA does not allow you to adjust your status, but does provide you a way to apply for work authorization ; it also has other benefits which you should discuss with a competent attorney. Consult with an attorney and think about DACA -whether you have other relief like asylum and related relief can also be discussed.
No attorney-client relationship is created or implied by this communication.
There is obviously a long history to your case and since you have been here since you were 10 you may be eligible for DACA benefits. However, more facts are needed to advise you as to any available options as well a a recommended course of action.
Consult with an experienced immigration attorney who can review your case and advise you how best to proceed to reach your goal.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
You may be eligible for Deferred Action for Childhood Arrivals (DACA) if you were also under the age of 31 as of June 5, 2012 and have continuously resided in the United States from June 15, 2007 to present. DACA does not confer any legal status on you but protects you from removal and gives you authorization to work in the United States, which I am sure would be helpful to you. As for options that will confer a legal status (i.e. asylum, etc.), please consult with an attorney on the phone or in person. The application for Deferred Action for Childhood Arrivals requires various document submissions so I would advise you to consult with an attorney further on that application as well.
Start with a confidential immigration consultation in person.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602