Legal Question in Immigration Law in California

If your student is protected under 245 (i), he/she might be able to apply some benefits if he/she meets certain requirement.

We suggest you to consult with an immigration attorney.

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I do suggest that your student discuss options with an immigration attorney. Specific facts need to be known. For instance, when did the family enter and how did they enter (without inspection at the border?)? The Dream Act which may or may not pass may help certain people such as your student. But, we don't know yet whether it will pass. There may be other options, would need to know the specifics. For more immigration information, we can be reached at: [email protected] or 415-387-1364.

At this juncture, he'd likely plant seeds for future qualification. It's usually difficult for a child on their own to qualify for immigration status. On the other hand, it might be possible that with seeds which were planted in his past, they might come to fruition now. One status that comes to mind, while remote, is asylum based on persecution by the government of his home country. Another option which might exist is adjustment of status to permanent residence through marriage to a U.S. citizen in a bona fide relationship, but after 18 years old. There could be others, or if not, he might be able to take steps to secure legal status in the future.

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Designated as a "Super Lawyer" by "Los Angeles Magazine, 2004-2009