Legal Question in Immigration Law in California

Unfortunately, at this time, there is no way for you to become a lawful permanent resident. Your aunts and uncles can't petition for you.

If the DREAM federal act will become a law in the future you may have an option to become a legal resident.

Did your permanent resident father ever filed any petitions on your or your mother's behalf?

You may want to investigate if anything ever had been filed.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Good Morning:

Unfortunately since you entered the country illegally, you cannot apply for legal status at this time, unless you have a previous immigrant petition that was filed for you on or before April 30, 2001 and can show physical presence in the U.S. on December 21, 2000.

If you do not have a previous petition filed for you before 4/30/2001, then the best thing would be to wait for an amnesty law that passes, which may allow you to file for legal status, depending on the requirements involved. If you have a petition filed for you, but it was filed after 4/30/2001, this may help you, should a new amnesty law pass.

If I can help you with anything else, please feel free to call me at 714 288 0610 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Since you had entered without inspection to the U.S., there are currently no laws that would allow for your adjustment to legal permanent resident status unless someone had filed an I-130 visa petition for you prior to April 30, 2001. Did your father file a petition for you or your mother prior to his passing? It may be worth it to do a FOIA request to determine if anything was ever filed for you.

You did not mention what status your grandmother has, and whether she or anyone else adopted you. I would be happy to answer further questions offline at [email protected] or 415-387-1364.

Rarely, U.S. citizenship descends from grandparent to parent and/or child. If your grandmother is a U.S. citizen, then there is a small possibility that you are a U.S. citizen. In addition to the advice above, this is something to consider. You could be very happily surprised.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers", "Los Angeles Magazine", 2004-2009