Legal Question in Immigration Law in California

Options for illegal immigrant

I have a friend who came to the U.S. illegally with her immediate family 5 years ago (all illegal). She is now finishing high school and will soon be 18. She wants to pursue a college education. I am afraid that she will be rejected from most (if not all) colleges/ universities since she is not a legal citizen or resident. What are her options? Can she apply for residency while remaining in the US? Does the fact that she came to the US as a minor but will soon be an 'adult' have any effect on her options? Should she return to her home country for her education and attempt to obtain US residency or citizenship (or even a student Visa) from there? I believe she has some extended family members in the US that are here legally.


Asked on 3/26/01, 7:57 pm

1 Answer from Attorneys
Vivian Szawarc Law Offices of Vivian N. Szawarc

Re: Options for illegal immigrant

If your friend waits until six months after she turns 18 years old to leave USA, and then departs, she will be barred from returning for 3 years. If she waits one full year, she will be barred for 10 years. Further, no US Consulate will give her a student visa after she has been in this country illegally, specially for so long.

Extended family will not help. Maybe her own parents can somehow apply for residency and derive status to her. Good luck.

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Answered on 5/31/01, 1:13 pm


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