Undocumented Residents in Law School Forum

[r6_philly]

3) if he is rich enough to pay for private college tuition:

--LinkRemoved--

[Übermensch]

1) I was under the impression that he could go back to mexico apply for residency and live here

2) Honestly though I really dont care...dont break the law that you care so much about. There are people who come here legally, and honestly your friend should not reap the rewards of illegal behavior. Alot of really bright hard working people would love to immigrate...those scientists that we need so badly.

1.) If he returns to his birth country, there will be a three or ten year bar that will restrict him from coming back to the U.S.

2.) He didn't break the law; his family did. He didn't choose to come to the U.S. illegally. He was an infant when he was brought here and didn't even know about his legal status until high school.

[notanumber]

There is no need to make this political

Honestly though I really dont care...dont break the law that you care so much about. There are people who come here legally, and honestly your friend should not reap the rewards of illegal behavior. Alot of really bright hard working people would love to immigrate...those scientists that we need so badly.

It is often a good idea to take one's own advice. I'm genuinely interested in the answer to this question. If the topic offends you then don't read/post.

[gov]

3) if he is rich enough to pay for private college tuition:

--LinkRemoved--

Apparently they need copies of their passport page that let them come in to begin with in order to apply.

[r6_philly]

3) if he is rich enough to pay for private college tuition:

--LinkRemoved--

Apparently they need copies of their passport page that let them come in to begin with in order to apply.

As I understand it, you can't apply for adjustment of status if you are not in the country legally, but you can leave voluntarily and apply for a immigrant visa overseas. Since the person was not subject to a deportation proceedings, he/she should not be inadmissible (I think). I know a couple of people that did this after being here illegally.

[r6_philly]

Actually the easiest solution is to get married to a citizen.

[gov]

3) if he is rich enough to pay for private college tuition:

--LinkRemoved--

Apparently they need copies of their passport page that let them come in to begin with in order to apply.

As I understand it, you can't apply for adjustment of status if you are not in the country legally, but you can leave voluntarily and apply for a immigrant visa overseas. Since the person was not subject to a deportation proceedings, he/she should not be inadmissible (I think). I know a couple of people that did this after being here illegally.

That is true. Once you have been deported its 10 years right?

eta: then again, if he leaves, who knows how long it will take him to get back here legally..

[Übermensch]

3) if he is rich enough to pay for private college tuition:

--LinkRemoved--

Apparently they need copies of their passport page that let them come in to begin with in order to apply.

As I understand it, you can't apply for adjustment of status if you are not in the country legally, but you can leave voluntarily and apply for a immigrant visa overseas. Since the person was not subject to a deportation proceedings, he/she should not be inadmissible (I think). I know a couple of people that did this after being here illegally.

That is true. Once you have been deported its 10 years right?

eta: then again, if he leaves, who knows how long it will take him to get back here legally..

Leaving is way too risky. It could take years before he can come back, and the likelihood of that is still very slim, according to multiple attorneys. I think the ten year bar applies even if he leaves voluntarily.

[HopefulFish]

Actually the easiest solution is to get married to a citizen.

This is why uninformed 0Ls should not be making statements on the immigration law.

The OP's friend CANNOT gain legal status by marriage. Adjustment of status via marriage only applies to people who entered the country legally on a valid visa + a few other requirements.

Also to comment on OP's friend leaving the country and getting back in via legal process - that's not possible either. It doesn't matter if you have been issued a deportation order or not. If you lived in the US unlawfully, after the age of 18, for more than a year, then you will face a 10-year reentry ban. It doesn't matter if you came here as a 1 day old baby or at age 17. At age 19, you are risking a long time ban.

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

[FiveSermon]

Actually the easiest solution is to get married to a citizen.

This is why uninformed 0Ls should not be making statements on the immigration law.

The OP's friend CANNOT gain legal status by marriage. Adjustment of status via marriage only applies to people who entered the country legally on a valid visa + a few other requirements.

Also to comment on OP's friend leaving the country and getting back in via legal process - that's not possible either. It doesn't matter if you have been issued a deportation order or not. If you lived in the US unlawfully, after the age of 18, for more than a year, then you will face a 10-year reentry ban. It doesn't matter if you came here as a 1 day old baby or at age 17. At age 19, you are risking a long time ban.

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

Really? I thought marriage trumped all of that stuff. I guess you always learn something new everyday...

Also I don't think the Dream Act passing in the near future isn't that far fetched...

[r6_philly]

Actually the easiest solution is to get married to a citizen.

This is why uninformed 0Ls should not be making statements on the immigration law.

The OP's friend CANNOT gain legal status by marriage. Adjustment of status via marriage only applies to people who entered the country legally on a valid visa + a few other requirements.

Also to comment on OP's friend leaving the country and getting back in via legal process - that's not possible either. It doesn't matter if you have been issued a deportation order or not. If you lived in the US unlawfully, after the age of 18, for more than a year, then you will face a 10-year reentry ban. It doesn't matter if you came here as a 1 day old baby or at age 17. At age 19, you are risking a long time ban.

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

And you are?

I never said anything about adjustment of status.

"Risking" "10-year ban" do not amount to "impossible". You should be careful of the advice you give.

[r6_philly]

Striking someone's comment out somehow does not help the validity of your comments.

[FiveSermon]

Not to take sides but when you said the easiest solution is getting married to a citizen, doesn't that imply that one would get a change in resident status? If not why would you say it would be the easiest solution.

[r6_philly]

Not to take sides but when you said the easiest solution is getting married to a citizen, doesn't that imply that one would get a change in resident status? If not why would you say it would be the easiest solution.

Easiest != easy. There really isn't any recourse right now other than traditional means. DREAM act is not going to pass. And eligibility even under proposed DREAM act still need to be under "good moral standard" which just sounds arbitrary.

Before that man strikes my post again - I am actually sitting in an immigration policy class right this minute. Irony.

[FiveSermon]

Not to take sides but when you said the easiest solution is getting married to a citizen, doesn't that imply that one would get a change in resident status? If not why would you say it would be the easiest solution.

Easiest != easy. There really isn't any recourse right now other than traditional means. DREAM act is not going to pass. And eligibility even under proposed DREAM act still need to be under "good moral standard" which just sounds arbitrary.

Before that man strikes my post again - I am actually sitting in an immigration policy class right this minute. Irony.

?? I'm just confused how marriage can even be considered a solution, nevermind the easiest solution if what that other guy said is true and it wouldn't affect resident status at all?

[tvt86]

Actually the easiest solution is to get married to a citizen.

This is why uninformed 0Ls should not be making statements on the immigration law.

The OP's friend CANNOT gain legal status by marriage. Adjustment of status via marriage only applies to people who entered the country legally on a valid visa + a few other requirements.

Also to comment on OP's friend leaving the country and getting back in via legal process - that's not possible either. It doesn't matter if you have been issued a deportation order or not. If you lived in the US unlawfully, after the age of 18, for more than a year, then you will face a 10-year reentry ban. It doesn't matter if you came here as a 1 day old baby or at age 17. At age 19, you are risking a long time ban.

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

And you are?

I never said anything about adjustment of status.

"Risking" "10-year ban" do not amount to "impossible". You should be careful of the advice you give.

HopefulFish is completely right, though, and seemingly just trying to make sure OP gets the accurate picture. HopefulFish's post said the guy will face a 10-year reentry ban, not that he will be risking it. That's the law - here unlawfully = automatic ban. So r6_philly, it is impossible to get around it. Except, I guess, to the extent that it's possible to rob a bank and get away with it and not get convicted of robbery. That wouldn't be the kind of advice OP was looking for.

And you did say something about adjustment of status. Though you didn't use those words, adjustment of status is the language used in immigration law for the exact scenario you were talking about.

[Übermensch]

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

Though it doesn't matter too much, my friend is not Latin American or Mexican. He is South Asian. I guess this affects visa prospects, though.

[r6_philly]

?? I'm just confused how marriage can even be considered a solution, nevermind the easiest solution if what that other guy said is true and it wouldn't affect resident status at all?

What other solution? The legislative act that isn't going to pass? There is no solution right now and is a hot debate.

[jeremysen]

marriage is not the easiest solution lol. IMO r6 meant it as a joke

Edit: take that back. r6 didn't mean it as a joke.

[HopefulFish]

Actually the easiest solution is to get married to a citizen.

This is why uninformed 0Ls should not be making statements on the immigration law.

The OP's friend CANNOT gain legal status by marriage. Adjustment of status via marriage only applies to people who entered the country legally on a valid visa + a few other requirements.

Also to comment on OP's friend leaving the country and getting back in via legal process - that's not possible either. It doesn't matter if you have been issued a deportation order or not. If you lived in the US unlawfully, after the age of 18, for more than a year, then you will face a 10-year reentry ban. It doesn't matter if you came here as a 1 day old baby or at age 17. At age 19, you are risking a long time ban.

Also, for him to leave the country to apply legally means he'd have to wait about 10-15 years more because visas are rarely issued to Latin Americans. In other words, there are no avenues for him other than a legislative change i.e) the Dream Act.

And you are?

I never said anything about adjustment of status.

"Risking" "10-year ban" do not amount to "impossible". You should be careful of the advice you give.

You have no idea what you are talking about. Just stop dude...

[FiveSermon]

?? I'm just confused how marriage can even be considered a solution, nevermind the easiest solution if what that other guy said is true and it wouldn't affect resident status at all?

What other solution? The legislative act that isn't going to pass? There is no solution right now and is a hot debate.

You can't call something the easiest solution if it isn't a solution. If it doesn't affect resident status at all how can it be called a solution? Then you might as well say that the easiest solution is drinking a bottle of mountain dew.

[tvt86]

Before that man strikes my post again - I am actually sitting in an immigration policy class right this minute. Irony.

Pay attention. You have a lot to learn.

[r6_philly]

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[r6_philly]

Pay attention. You have a lot to learn.

Doing better you think. Thank you.

[r6_philly]

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