Legal Question in Immigration Law in Florida
My wife comes from Poland and has been a U.S. citizen for about one year. We have petitioned for green cards for her mother and father and the process is going smoothly. The problem is that her parents have a 12 year old son and as we understand it, to petition for his green card will take several years as he is not considered an immediate relative. This logic escapes me and it is just too ridiculous to comprehend how the government expects families to break up when the purpose of immigrating is to have a better life but that is another discussion altogether. We are exploring ways around this requirement. My question is...if mom and dad came here after getting approved for there green card and brother came here at the same time on his tourist visa and we enrolled him in 7th grade at a public school, then immediately have mom and dad petition to change his status.......is this legal and will this work out? From what I have read, the public school will not question his immigration status, however if INS finds out then the entire family could be deported. Is this true or will this plan work....If this plan wont work, what about doing the same as above but having him enroll in a private school for the two years it will take to change his status once the parents get here. Any usefull advice is greatly appreciated as this is most difficult and we are trying to come up with a legal way for our family to all be together, sooner rather than later.
1 Answer from Attorneys
The best option is for the 12 year old to obtain a student visa - he can then maintain legal immigratin status as a student (assuming he remains in school) and not have concerns regarding having overstayed a student visa int he event that he is college ready before his parents are citizens/he is able to adjust to permanent resident status. And yes, this is a frustrating situation for families, as the law doesn't seem to serve much, if any, positive purpose.