Legal Question in Immigration Law in California

A person who entered the U.S. illegally as a child will not start accruing illegal presence until the age of 18. However, after that time, unlawful presence of 180 to 364 days will bar him for 3 yrs from re-entering the county; 365+ days, will bar him for 10 yrs.

If someone filed an immigration petition or application on his behalf prior to April 2001, then he might be "grandfathered" under the previous law (INA 245i), which would allow him to adjust status (if he had the eligibility to do so) and pay a penalty. Otherwise, he will be ineligible to adjust status in the United States. (There are possible "waiver" options, but I won't get into that for the sake of time and to avoid confusion).

This issue is complicated, and I have oversimplified it in order to give you a general answer.

If your boyfriend has additional questions or wants to discuss more specific options for his situation, please have him email me, or contact an Immigration Attorney in his area.