Legal Question in Immigration Law in New York

If an individual entered the united states ilegally at the age of 9 by the parents. and now has finish high school, and is in college. what options does this person have to gain us residents or citizenship? or how do that individaul goes about reaching resident status.


Asked on 2/17/10, 6:07 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

This individual, unfortunately, doen't have any special options. He or she is subject to the same immigration laws as any other illegal alien residing in the USA, and is deportable (removable) if apprehended by the ICE. He or she is not eligible for adjustmnt of status (unless protected under 245(i)), and any application for a resident status shall be done through consular processing back at his/her home country.

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Answered on 2/22/10, 7:47 pm
Antoinette Wooten The Wooten Legal Consulting, PC

If this student is a full-time student and is less than 21 years old then their parent could apply for them provided their parent is now legal.

Did this person enter the US using a passport which had a visa at the age of 9 years old? If they did not then how can they prove their identity to the US immigration service?

People at times become a US resident through their employer who acts as their sponsor.

As for this person becoming a US citizen they first have to obtain a green card along with a social security number before they can apply to become a US Citizen.

Patricia Martin-Gibbons

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Answered on 2/23/10, 1:48 pm


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