QUESTION
Can I become a United States resident if I have been living here for sixteen years?
Asked on Jul 21st, 2011 on Immigration - Texas
More details to this question:
I have been living in the United States for sixteen years. I am eighteen years old and currently graduated. Only my little sister that is eleven years old is a U.S citizen. Is there anyway I would be able to become a legal resident in the U.S?
4 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Unfortunately no at this time based on your description. If you entered the US illegally, you may not adjust your status to green card even if you marry a US citizen. You better consult with an immigration attorney soon.
Answered on Aug 03rd, 2011 at 8:37 AM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Thank you for question. Unfortunately, there is no easy way to correct your status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in your family filed such a case?
Answered on Aug 03rd, 2011 at 6:12 AM
Residence by itself does not qualify you for permanent resident status. You can only obtain legal status if you marry a U.S. Citizen and entered the U.S. legally. Otherwise, you will have a hard time to gain legal immigration status if possible at all. Applying through your sister will take a very long time and require you to leave the U.S. thereby triggering a 10 year ban from receiving any visa.
Answered on Aug 03rd, 2011 at 5:48 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Not with the facts you note in your post. Your sister can petition for you when she is 21, but the process takes about 11-15 years from the day she files for most cases. You would need to find another family-based petitioner and would need to see if you can even file in the US, as that is dependent on how you entered the US and any immigration or criminal violations. r. Thank you.
Answered on Aug 03rd, 2011 at 5:47 AM