Legal Question in Social Security Law in California

Hi,

I was brought to the United States by my parents when I was about 10 years old (I am now 17, 6 months away from being 18). I am an honor roll student in a gifted program, as well as an illegal immigrant. Both of my parents and my two older brothers are illegal immigrants as well. My father has applied for social security, appeared in court, and the judge did not grant citizenship for him. I, on the other hand, have lived here in the United States for the majority of my life and I AM AN AMERICAN! My parents have tried everything to get my dad his SSN including paying taxes for the past 3 years to the IRS even though we get absolutely no benefits and nothing from the government. However, since my dad's appeal for SSN was not granted, I am here asking how I, as a minor (or in 6 months an adult), can apply for permanent resident here in the United States, as well as an SSN, and green card, workers permit, etc! I know that before those come along, the first thing I would need to do is apply for a permanent residency status here in the US. The name of the forms that must be filled, the places I must go, the people I must speak to, anything and everything would be a huge help for me to become a citizen here in the US because I am going on to college soon and hoping to make a difference in the world and in the US with the smarts the I have been given.

Thank you so very much for answering to this.


Asked on 8/13/09, 11:11 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

This is more of an immigration question. Your status is the same as your father and as you can see with him, the judge denied his case since he had no method of becoming a permanent resident. By the way the judge denied him permanent residence, not citizenship (can't be a citizen until one's been a legal permanent resident for five years). There's no special entitlement to permanent residence just because you're a minor who's 17 1/2 year-old and even if you feel like you are an American.

To get a SSN, you would have to obtain your permanent residence legally just like any other immigrant and follow the law. Unfortunately, under current law, because of the illegal entry, even a marriage to a U.S. citizen will not help unless you go back to your country to get your papers and that will trigger a ten-year bar to returning to the US. To get around the bar you would have to be able to prove extreme hardship to your spouse. That is not an easy standard to meet, and you would need to have a lawyer to help you in order to succeed.

Do not fall for unscrupulous notarios and immigration consultants, especially here in the LA area, who try to entice immigrants to file for political asylum, especially Mexicans, so that they could get a temporary work permit. I have had countless clients who fell for this horrible trick and ended up in removal (deportation) proceedings since their asylum applications inevitably got denied. You cannot file for asylum anyway since you've been in the U.S. for more than a year.

However, with Obama's comprehensive immigration reform possibly coming next year or even perhaps the passage of the DREAM Act to help students who are illegals to go to school, perhaps things will be better for you next year.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Read more
Answered on 8/14/09, 1:42 am


Related Questions & Answers

More Social Security Law questions and answers in California