I used to reside in Canada, about eight years ago. My mother met a man over the internet that lived in the United States. Soon, one thing led to another and she divorced my real, Canadian father and took me along with three of my brothers into the United States.

It had been right after the Christmas of 1997, we arrived in the United States right as it became 1998.

I was about 10 when I entered the United States - and now I'm 18, just recently graduated highschool with Beta Honors and 11th in my class. My older brother, who is 22, also resides with us in the United States. He stayed in Canada for a bit before coming down to permanently live with my parents. My mother married my stepfather. And, yes, I do realize its been eight years since my entry into the United States and nothing has been done about it. Well, thats more of a personal problem between my parents and my brothers and I. Regardless, they are trying to attempt to get a greencard for all of us.

(Oh, I forgot the mention one of my brothers, the youngest one, is an American citizen. There are five kids, including me. Four of them are Canadian.)


I currently live with my fiance` who supports both of us through his work and for the most part, we're pretty financially stable. My parents are stuck with the whole greencard issue and it has bothered my mom enough to admit to me that it may be better if I just attempt it on my own, since I'm 18.


But I don't know where to start. And I don't know if I'm able to get a greencard at all in my situation.


I'll answer any questions, but I really do need this help. I appreciate it greatly.


~Mana

Contact an immigration attorney for a half-hour consultation, and do so fairly quickly. You may want to consult with more than one, to make sure you're getting consistent information, and to find someone you're comfortable working with. If you don't know any immigration attorneys, contact aila.org for a referral. Since immigration is federal law that's the same throughout the US, your attorney doesn't necessarily need to be located close to you (though it may make things more convenient).

It sounds like you don't have legal status currently, though I'm not sure of that from the information presented. Be aware of the 3/10 year bars on admissibility. Time spent illegally in the US before your 18th birthday doesn't count toward the bars, but after your 18th birthday, if you accumulate 180 days but less than a year of illegal presence, you are subject to a three year bar on admissibility after you leave the US. If you accumulate more than a year of illegal presence, you're subject to a ten year bar on admissibility.

You may be able to avoid the bar by leaving the US before you've accumulated enough time to trigger the bar. You may be able to avoid the bar by adjusting status without leaving the US, if you have grounds under which you would be eligible to adjust status.

You say you live with your fiance'. Is he a US Citizen? If so, you may be eligible to adjust status after marriage to get a green card. If you're seriously considering this route, DO NOT leave the US until after you have the Green Card in hand, or else your leaving may trigger the 3 or 10 year bar.

It's worth discussing the Child Citizenship Act with an attorney. I'm not very familiar with it, but there are certain circumstances under which a child automatically acquires US Citizenship via his/her parents. I'm not that well versed in the provisions, and I don't think they apply to you, but you may want to pursue this with someone more knowledgable than I.

He is an US Citizen and I have considered this route many times. It is actually the one I'll probably end up trying. The Child Citizenship Act is any child under the age of 18 - I think the US parent of an immigrant child has to adopt the child in order for them to gain citizenship.

But thank you.