Published on Lawyers.com and the Epoch Times on August 9, 2013

Q & A 1. 2. 3. 4.

Q&A 1.


Can a Kid Brought to the USA by His Parents on a Visa, Apply to Stay Here Legally?

My daughter met a boy in High School and has been dating him for about 1.5 yrs now. His parents brought him here about 4 yrs ago from Columbia got him enrolled in H.S.(hows does that even happen) and they all never went back. They both just grad. from HS. My daughter is going to college and the boy friend wants to be able to attend college also. His parents have very little money and just tell him to wait for the laws to change or get married (over my dead body)He is a nice enough kid got all A's in HS but has no license, no job. From what I read it’s a Felony. Is there anything he can do to begin to change his status or how should he begin?

Attorney Lee answers:

Contrary to your understanding, it is not a felony or misdemeanor for an undocumented immigrant to stay illegally in this country although some states clearly wish to criminalize such population. The attempt to criminalize under state laws was defeated in the Supreme Court last year in the widely read case, Arizona v. United States. This country also has a tremendous interest in educating any children through high school and it has been the law of the land for many years that undocumented immigrant children are entitled to a public school education. Undoubtedly if the Senate bill, S. 744, or a great part of it eventually becomes law, the boy that you are so concerned over will obtain legal status with the ability to work and travel, pay in-state tuition, and perhaps obtain a college scholarship. If you wish that to happen, you might write or contact or lobby your local representative to support comprehensive immigration reform. The immigration bill will be the focus of the House of Representatives in the next few months where its fate will be decided.


Q&A 2.

Selective Service

I came to the USA at the age of 25, two months before my 26th birthday.  I became a permanent resident.  However, I just applied to college and they asked me about my selective service registration.  That`s the first time I hear about it.  My question is what’s their decision gonna be?

Attorney Lee answers:

Selective service registration is the duty of anyone who is a permanent resident, or here under color of law, or even undocumented. The only ones exempt from registration are those holding nonimmigrant status. You should check with the school to see exactly what will satisfy it in terms of documentation as you did not know that you had a duty to register and had so little time to do so before you turned the age of 26. If the school only requests an explanation in writing, you could provide such. If it requires a “status information letter” from Selective Service, you can call 1 – 847 – 688 – 6888 to request one. I doubt that you would be penalized by any school for not having registered within a window of 2 months after entering the U. S.



Q&A 3.

Can an Illegal Woman Apply for Citizenship if Her Children Are American Citizens?

Attorney Lee answers:

Unfortunately no. Your children would have to be the age of 21 before they could begin to sponsor you for green card. Assuming that they are able to do so, you would have to wait another 5 years to file for U. S. citizenship. If you entered the country legally, and had no other bars than of being an overstayed alien, you would be eligible to adjust status to permanent residence in the U. S. without having to leave the country. However, if you entered the country Illegally and do not have the benefit of section 245(i) (which allows adjustment of status upon payment of a fine to those who entered the U. S. illegally, had a labor certification application or immigrant visa petition filed on their behalf by April 30, 2001 and were physically present on December 21, 2000), you would not be eligible to adjust status and if you left the U. S. to consular process your immigrant visa case based upon your children’s petition, you would be barred from returning to the country for 10 years unless you obtained a waiver based upon extreme hardship to a U. S. citizen or permanent resident spouse or parent. Another option is to wait and see what happens with the comprehensive immigration reform legislation which is currently the focus of attention in the House of Representatives. Such may eventually lead to a pathway for citizenship.


Q&A 4.

Will I Need to Get a Medical Exam if I Am Not the Immigrant?

Attorney Lee answers:

In an immigration case, the only persons normally asked to obtain a medical examination are the principal immigrant and any dependent immigrants. A petitioner might only be requested to undergo DNA testing if the immigration case is based upon familial relationship and there is some doubt as to whether the relationship is bona fide.

 

 

Copyright © 2003-2013 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
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