Legal Question in Immigration Law in Massachusetts

minor till november, has no status in U.S and in DSS custody

There is a 17 yr old African client that I know of who has been in the U.S. since age of 10 months old but has no status in the U.S as a result of her mom being deported for breaking the law 6 yrs ago.She was left behind with her siblings in the care of a stepfather.There is a history of abuse in all forms from this caregiver which resulted in 3 children for this client.DSS became involved over 2 yrs ago when a sibling of the client told a teacher of the abuse. All were removed, she was pregnant with the third child.Only one of her children including herself and siblings are in custody.She is a great mom.Client will be 18 in November.DSS is telling her she needs to sign back on so she will not get deported.Her children are citizens.She has no voice and is currently in a situation that is against her will in terms of her beliefs and culture.


Asked on 9/14/05, 10:56 am

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: minor till november, has no status in U.S and in DSS custody

Did the mother ever have any type of visa petition filed before April 30, 2001? It could be possible for her to adjust her status if she is "grandfathered" under section 245(i).

If she is placed under deportation/removal proceedings she could seek cancellation of removal if she establishes that her removal would result in exceptional and extremely unusual hardship to her children, who are citizens of the United States. (I am not clear, however, if she has custody of all her children or if they are living with her at the moment). I would need more detailed information.

If you have any other questions, feel free to email me in more detail at: [email protected]

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Answered on 9/15/05, 11:06 am


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