I'm a teacher and have a former student that was brought here illegally by his parents when he was in 6th grade. He's now 16, finishing his sophomore year in high school. This child is one of the finest people I know and is determined to go to college. (He's one of "those" kids - you just KNOW he's going to do something great in life!)
My question is this... is there a way for him to gain legal status on his own without having to return to his country?
BulldogPride: If the student entered the country illegally - without inspection at the border - then there is no way to legalize his status while remaining in America.
The fault for the student's predicament lies squarely with his parents, who thought themselves way too important to follow America's laws and respect its sovereignty. The parents have truly put their child in a very difficult position, but it's their fault, and their fault alone.
These Darn Parents Just Cant Think Far Enough Ahead To Do What Is Right For The Children's Future! HJGFCVGHVGHCGHGHVCGHCFGv!!!!!!!!!! Innocent Children Live a Hardship, Difficult Life because The Parents Didnt Put Them First!!!
The only option is to leave the country before he turns 18. At least he won't accumulate unauthorized presence. Once he turns 18 he can apply for a visa.
If he remains past his 18th birthday he will be subject to INA 212(a)(9)(B). The general rule of thumb is this. For less than 180 days there is no ban. Between 180 days and under a year its an automatic 3 yr ban. A year or longer is an automatic 10 yr ban. The ban refers to the amount of time before he may apply for a visa.
Nothing was given concerning the parents but for the moment we'll assume they too are illegal. Correct the assumption if wrong.
If they are legal they are be able to sponsor him. In order to do so will require him to leave and return to the home country.
If they are illegal they are also subject to various portions of INA 212. Since you have knowledge of this individual and or family you may be subject to title 18. Be careful what assistance you offer. It could cause you to incur criminal charges
Vote Republican and this country will still be worth sneaking into.
Posts: 5003 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by BulldogPride: I'm a teacher and have a former student that was brought here illegally by his parents when he was in 6th grade. He's now 16, finishing his sophomore year in high school. This child is one of the finest people I know and is determined to go to college. (He's one of "those" kids - you just KNOW he's going to do something great in life!)
My question is this... is there a way for him to gain legal status on his own without having to return to his country?
He will need to leave the USA before his 18th birthday
As far as I am aware, they forgive illegal children up to the age of 18 years, once 18 years old unlawful presence starts to count and if found will be subject to a 3 year, 10 year or permanent ban from the usa
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