Legal Question in Immigration Law in New York

Re: illegal student has written an e-book

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

First, if your nephew arrived with family members, one of whom held a L-1 visa, did that L-1 family member apply for permanent residency? (He/she should have) If so, that family member can file a I-130 petition on behalf of the entire immediate family including spouse and children under age 21.

If not, and it sounds as if none of the immediate family members pursued legal status, then the entire family is here illegally. If so, they are eligible for deportation at any time, at least in theory.

If you are a US citizen, you may be able to sponsor them; however, the preference for brothers, sisters, nieces/nephews is low, if at all. But you should review this and file the appropriate application anyway. Look at the requirements for the I-864.

Are any of the adult family members working? If so, that family member must have a temporary work permit sponsored by their employer. That member should immediately apply for permanent residency (the employer does not sponsor this) for him/herself and all immediate family members including children under 21. Even if your nephew turns 21 while the application is pending, he is considered the age (20) on the date the permanent residency application is filed, if done before his 21st birthday.

Lastly, if your nephew is 20, is he in school? If not, have him look at the possibility of enrolling and obtaining a F-1 student visa from a college or university. The F-1 can be converted to a work visa later; if he gets a work visa, he can then apply for permanent residency.

You may have to pursue one or more routes simultaneously. It is appropriate to have simultaneous applications on file for the same people/family, so long as the basic qualifications are met for each.

I hope that this has been helpful. Thank you again.

Re: illegal student has written an e-book

Somehow the facts of your nephew's stay in the U.S. do not add up.

L-1 is a visa for a transferred business executive from a foreign company to its U.S. branch/affiliate/subsidiary, but you say your nephew was 16 years old at the time.

L-1 does provide an avenue for seeking lawful permanent residence if certain conditions are met, but here you say your nephew is out of status now.

Adjustment of status may not be possible to those aliens who are not in lawful status in the U.S. with some very narrow exceptions. Those out of status for an extended period of time may in fact be barred from receiving U.S. visas for quite a while. In any event, an adjustment of status (as opposed to change of status) is only available to those who qualify for an immigrant visa. In general, there are several options for immigrant visas based on either business/employment status or family ties to U.S. citizens/permanent residents, but to see which are available to your nephew, if any, you would need to contact an immigration attorney.