QUESTION
How does kid 18 brought here from Columbia graduated HS stay in the US?
Asked on Jul 23rd, 2013 on Immigration - Texas
More details to this question:
My daughter met a boy in High School and has been dating him for about 1.5 yrs now. His parents brought him here about 4 yrs ago from Columbia got him enrolled in H.S. (how’s does that even happen) and they all never went back. They both just grad. from HS. My daughter is going to college and the boy friend wants to be able to attend college also. His parents have very little money and just tell him to wait for the laws to change or get married (over my dead body). He’s a nice enough kid got all A's in HS but has no license, no job. From what I read it’s a felony. Is there anything he can do to begin to change his status or how should he begin.
7 ANSWERS
2 Awards
You might see if he can qualify for deferred action for childhood arrivals (daca).
Answered on Jul 31st, 2013 at 11:52 PM
Under the current laws, the most he can do, short of marrying a US citizen, is to apply for deferred action employment authorization document.
Answered on Jul 31st, 2013 at 11:52 PM
The sad part of all this is that marriage to a US Citizen is one of the ways, and fast, to legalize an undocumented person. You need to think hard rather than sound morbid.
Answered on Jul 31st, 2013 at 11:52 PM
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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He should look into applying for DACA (Deferred Action for Childhood Arrivals). It seems, based on the facts you have provided, that he would qualify for that program.
Answered on Jul 31st, 2013 at 11:52 PM
Immigration Law Attorney serving San Francisco, CA
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Law Offices of S. Ouya Maina
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He should consult with an attorney and see whether he is eligible for DACA - Deferred Action for Childhood Arrivals.
Answered on Jul 31st, 2013 at 11:52 PM
Adebola O. Asekun
You should have the boy and his parents consult with an experienced immigration attorney. There may be options availing to him but it is difficult to say without a detailed consultation of his background and entire immigration history.
Answered on Jul 31st, 2013 at 11:52 PM
It is not a felony to enter without inspection or overstay a visa. It is a civil immigration violation. It is unclear what his status is. If he entered with a visitor visa, then there is hope that if your daughter decides to marry him, she can petition him for a conditional green card, since she is a U. S. Citizen. In addition, the new provisional waiver program provides hope. In fact, if he departs at the right time, he may even be able to avoid more serious consequences, because it is unclear when he turned 18 years old at this point.
Answered on Jul 31st, 2013 at 11:52 PM