Legal Question in Immigration Law in South Carolina
I have a friend who is illegal and came to the US when she was 7. Her parents are illegal and she is a senior in high school this year. Is there any way she can get a green card after graduating high school?
2 Answers from Attorneys
I would need to know how she entered the U.S. in order to give her all her Immigration options. Contact my office for a free consultation, so I can advise her properly.
Caro Kinsella
Immigration Attorney
954-304-2243
You've indicated that she is "illegal." While we can assume that means she crossed the border without papers, more facts regarding that crossing are needed. If she crossed with her parents at 7, she's not likely to remember as much. Therefore, her parents would have to provide that information.
If she did enter without inspection, then she's been here unlawfully since that time. However unlawful presence doesn't accrue for minors, just adults. An adult who has more than 6 months to one year of unlawful presence and departs the U.S. without receiving a grant of voluntary departure from an immigration judge is barred from returning for three years. An adult who has accrued more than one year of unlawful presence and departs is barred from returning for ten years.
Based on your facts of her being a senior in high school, it is likely she is or has turned 18. Therefore time is of the essence in her matter. Please retain counsel to advise her appropriately.