My neighbor entered the US illegally when she was 17, ten years ago. Does she have any basis to obtain a visa since she came to the US with her mother, and not truly of her own free will? A lawyer told her she may have grounds due to those cirumstances. I am not really sure where to start researching this topic. Any info is appreciated.

It's true that she could claim that her entry was not truly of her own free will because she was a minor at that time. However, USCIS says that anyone with illegal entry or with expired status has 6 months after their 18th birthday to depart the country or correct their immigration status.

Unfortunately, since 10 years has expired since then, your friend cannot claim the "not her own free will" argument anymore.

That is good to know since I suspect the lawyer is trying to talk her into paying him to pursue that idea.

If it were allowed every child would be able to become legal that came here with there parents. She will have to wait for amnesty or marry a citizen.

Aye Aye, If she marries a US Citizen, she still has to go back to her home country, apply for a fiance's visa and come back legally before marrying. Then after the marriage, apply for adjust of status.

Yes she will need to go back only at the time of the interview. She can marry here, file for CR1 and then just wait until her interview date.

I don't think that'll be possible, since she entered the country illegally she will have problems with immigration. If she would have entered legally and then married a USC, that's a different story. I may be wrong though. The reason why I'm saying this is because during the interview they ask you for your I-94, you need to have entered legally in order to have one.

Some Clarification. She told me that the lawyer says, since she entered as a minor, she may not need to return to Honduras to wait for a visa IF she were to marry a US citizen. Sorry, that is quite different from my original question. However, it doesn't sound like that advice is correct either. Thank You.

If she entered on a tourist visa, she would have entered legally. However, the difficulty could come in on did she enter on an actual visa, or was she from a country that she entered on the visa waiver program. I had friends that entered through the VWP, overstayed, and were eligible to adjust under 245i - they were denied for other reasons, and now sit in limbo - the gov't can't deport them because they don't have an official reason (they didn't over stay a visa, they didn't need a visa), and they can't appeal their denial until deportation proceedings are started.

You misunderstood, I said she would go back for her interview in her home country but she doesn't have to go back until her interview date. There is not requirement to exit the US during the process, only to exit for the interview. She is already here so a few more months makes no difference.

http://www.youtube.com/LaurelScott

Go here and all possible options are explained by a very good immigration lawyer.

Ohhh ok, myy bad.

Yeah bottom line, the only way to adjust her status is by either marry a USC, through family ties or the least (which I think will never come) amnesty.

Thanks - very helpful!

just my 2 cents ..if she happens to marry a USC and leave the country..wouldn't she be barred for some years ? there nothing that can be done for her right now..i don't believe..just wait..i know ppl in the same situation..u can put in an I 130 and wait to see if the law changes..but DO NOT send it adjustment papers

She will be barred, but that's what waivers are for =/




When she entered wouldn't really matter...she still entered illegally and would need to return to Honduras for the interview.

Ur so smart Athena....that's why i'm not an expert...thanks ! did anyone mention waivers in there comments ??

Yes they will need a waiver, that is why I posted the link to Laurel Scott on youtube that explains what you must do. Also check out immigrate2us.net for waiver information and sample hardship letters.

Not True

If she marries a US Citizen here, she does not have to go back to her home country for anything. She stays right here in the U.S.

They will go through the interview process here and must prove that she and the man she married is a legitimate marriage.

I know of at least 3 people who outstayed their tourist visas, eventually married and got their green card.

That is why it is so hard for young unmarried women from countries where poverty and jobs are not easily found to get a tourist visa.

She (pictire) is sooo beautiful!!!

thanks Nana....she's my princess and a diva

She was an EWI not an overstay.

She did NOT have a visa in the first place, so this does not apply to her. She entered without inspection.

IT IS TRUE

I also know someone who came from Colombia via Mexico in the middle of the night accross the river and married with no problems.

According to INA/immigration law, it is NOT true. Anecdotes do not help someone if the INA completely contradicts it and every source on the subject says the completely opposite. "Someone I know" does not help the OP.

At this point, I am just going to say for the OP to speak to an attorney and not listen to meaningless anecdotal evidence that can't be backed up since we do not know what "someone from Colombia"'s story or details were.