I am a citizen of the US by birth and have a boyfriend who is illegal. He came here with his family from Costa Rica when he was 8 on tourist visa. He's been here for several years and is now 17. He is almost 18 and is wondering how he going to go to college. He has been attending school and really wants to attend college when he graduates highschool. Both of us agree that we want to go to college first and then get married, but since he does not have a ss card or a permanent resident card we don't know how he is going to be able to go to college. Since he came to the US legally and is underaged, is there any way he can apply for citizenship without returning to his country of origin? How can I help him? Would the best solution be to get married first to ensure that he stays here with me and then wait until he gets papers from me to go to college or to return to his country to apply for another visa so he can stay here legally? I am just afraid that once he leaves, he won't be able to return. I am willing to do anything and everything I can to ensure that he becomes a legal citizen of the US and my husband. Please, if you have any insight on this situation let me know. Thanks

Spouse of US citizens do not automatically become citizens. He cannot become a citizen for at least three years after receiving a green card.

You would first have to go through the Fiance or Spousal visa petition process and interview. He would be denied at his interview due to his illegal presence and told if he is eligible for a waiver of the 10 year ban. Part of the waiver process requires you, as his fiance or wife, to submit a letter with evidence proving extreme hardship to you if his visa is ultimately denied. It's a long, difficult and expensive process and would not result in him having citizenship although he would be able to go to school.

It's not the right decision if he wants to go to college - it's the right decision if you two want to get married. Otherwise, he should investigate student visas - not fiance or spousal visas - and the waiver process involved with those.

You should check with a lawyer and the following is not legal advice.

but as far as I know,since he entered with a visa, he is eligible for residency if u marry him here, he wouldn't have to leave, and then 3 years after bona fida marriage he would be able to apply for citizenship.


anybody correct me if i am wrong, but i don't see the need for him to leave, apply for a waiver outside the us, and risk it being denied, while he could do as I mentioned before here in the US.

KitKat, he came on a Visa, he was inspected.

I doubt he would stand any reasonable chance of a Student Visa.

Are you old enuf to petition for a visa?

and he is 17. An overstay for the purpose of ban doesn't start until a person is 18.

If he came here on a valid visa no matter he is illega now but still he can get a green card which will help him to go to college and later after three yrs ehlp him to get citizenship. As long as he entered with a visa but illegal now he is fine, at the time of interview they cannot refuse him green card on the bases that his visa is expired.

tiffrany,

Your friend should have a consultation with an immigration attorney to discuss his plans, how his immigration situation affects them, and what can be done if there are issues that need to be dealt with.

This overview is not adequate information on which to base recommendations.

Yodrak

He would be able to apply for a waiver in the US because he came legally. (I didn't see how young he is but it's correct that he would not be facing a ban because he is under 18 and because he has not left the country). But it certainly doesn't sound like marriage is the solution for someone looking for a way to legally attend college in the US.

If he had asked I would be less sympathetic.

But I seriously doubt there ae any other options.

He can still attend college and would be eligible for some sort of financial aid and I believe its called an AB540..I have worked with and encountered many students who fall under this guise and are still able to attend school....In addition to you finding out about him legalizing here, you and your boyfriend should research and talk with the financial aid department of the school(s) which he is interested in attending. I do not thing he would be eligible for any type of regular federal loans or grants but I know that community colleges and public 4 years do have some funding set aside for undocumented students who wish to pursue an education.

He can still attend college and would be eligible for some sort of financial aid and I believe its called an AB540..I have worked with and encountered many students who fall under this guise and are still able to attend school....In addition to you finding out about him legalizing here, you and your boyfriend should research and talk with the financial aid department of the school(s) which he is interested in attending. I do not thing he would be eligible for any type of regular federal loans or grants but I know that community colleges and public 4 years do have some funding set aside for undocumented students who wish to pursue an education. Sorry the AB540 applies to people who live in California..but check with the financial aid department at the colleges just to what options if any he may have. If not, he still maybe able to attend college but will need probably pay international student fees or out of state fees for school.

If you are able to be his sponsor (form I-864, Affidavit of Support), then yes, he can be legilized. There is a 1,000 fine (form I-485) under section 245(i) for your case.

Here is the link:
http://www.uscis.gov/files/pressrelease/Se...EAct_032301.pdf

This is only an option if a petition had been filed for him prior to the cut-off date which was April, 2001

I personally know a couple, where they used 245(i) in 2003. Pretty much the same situation they had. The major question how did her boyfriend entered the US-legally or not.

Our reason for getting married is not just so he can go to college. We want to get married because we love eachother. We both want to go to college, we just aren't sure he will be able to go to college while I'm going to college. He doesn't want to be at home while I'm at college. He wants to go to college so he can have a good career so we can start our life together. We are going to find some way to get through this, we just need some advice on how to go through with it.

Right - that's possible. But the petition had to be filed before April 2001. In 245-i cases, it doesn't matter how the person entered the country - that's how so many people legalized at that time.


http://www.shusterman.com/245i-faq.html

Q. What exactly do I have to do to qualify for the benefits of §245(i)

A. You must have either an employer or a relative submit a labor certification or a visa petition on your behalf by April 30, 2001. It is not necessary that the Labor Department or the INS approve your application or petition by this date, only that it be filed.

Q.Does this mean that I must have been lawfully in the U.S. on December 21, 2000?

A. No, merely that you were present, legally or illegally, in the U.S. on that date.

Would it be best if I went with him to the consultation? Does it matter if we're not 18, can we still go to a consultation?

You can certainly have a consultation (and yes, I would recommend you go too, just so nothing gets "lost in translation") regardless of your age. However, be prepared to be told that your ages could be a problem regarding the legality of filing. I believe that you as the petitioner have to be of legal marriagable age in your home state in order to file (be that with or without your parents written consent, as appropriate).

Also, be aware that in order for you to file for him as your spouse, you will be required to show that you meet or exceed 125% of the poverty level and sign a document that says you are willing to support him - not just as your spouse, but until 10 years have passed, he has reached 40 working social security quarters, or he becomes a US citizen. Since you are only 17 and plan on attending college in the near future, I suspect this is going to require that you have a cosponsor - in your case, probably your parents? This means that they are equally as liable financially should your husband decide, for example, to drop out of college and go on welfare. This is a pretty big financial obligation, potentially, and something you should consider very carefully. Check out exactly what's involved with sponsoring an immigrant before you commit to it.

If you are sure that you're willing to take on the obligations that not only go with marriage, but with marrying an immigrant, then from what you have said it sounds like it may be possible for you to do it. HOWEVER!! Get that consultation, and think very carefully about whether this is the right route to take. As Yodrak said, we really don't have enough info to make that call for you. That's an attorney discussion.

As has been said, it's not necessarily the only option for your boyfriend to attend college here. In order to get a student visa, one must be able to show a certain level of financial assets. I don't know if your boyfriend has that kind of money available (as I recall, one has to be able to show that they can pay for the entirety of their college education), but if he does, that might be an option that would give you both more time.