Legal Question in Immigration Law in California

Are there any immigration laws that can help a minor who has no legal INS docouments receive residency? The minor is disabled and needs help. Thank you.


Asked on 4/06/12, 4:58 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

A person, regardless of their physical or mental abilities, must have a basis to immigrate in the United States. If they are a minor, then illegal presence has not accrued yet under the immigration laws. Usually the most common and immediate way to be able to immigrate is by having a U.S. citizen parent petition them. If this is not an option, there might be other ways, however, they would take much longer and the child could start accruing illegal presence and be unable to adjust status in the United States if they originally entered illegally. I would contact an immigration attorney to discuss your case in more detail. Feel free to email me if you'd like a free consultation.

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Answered on 4/08/12, 7:34 pm


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