HI ..
Wondering if any one can give me advice for a friend's children. They were brought here illegally from MExico with their parents as small children and now are 15 & 17...Dont even speak Spanish anymore.anyhow...The eldest just graduated high school and is very smart...wanted to go to college ,but cant because of legal status and situation..ANy advice? I know dream act might help, but when will it be enacted? if ever?

gg,

I have a similiar situation that no one could seem to give me a direct answer on. Anyway, there are many pieces of info needed before someone can offer you advise. Are either on of the parents a USC? Are either one of the parents LPR? If they arrived EWI then I do not believe there is anything that can be done for them if both parents are EWI also. If either parent is a USC then I-130 petitions need to be filed for them but after that is where I have been unable to get a clear answer as to what will happen. I do know that they will "age out" at 18 so if they are eligible for the I-130 petitions then they should be filed right away.

Don't know that this wa much help but maybe some.

I have read, but don't know firsthand, of illegal alien children who have returned to their homeland and applied to come to colleges here as F-1 students. From what I've read, as long as they're under 18, the law's pretty lenient but once they accrue illegal stay at 18 and over, it's tougher.

Thanks for your response Mr. Froggy..
Neither parents are US Citizens...they entered without inspection. There status is illlegal also. Situation doesnt look good, huh?

I wouldn't think so. If my situation as a USC trying to legalize my step children is tough, I think this situation is even tougher.

My situation is similar and I think I also have to wait for a dream act of some kind. My wife is 22 years old and has been here illegally since she was three. We have been married since April and would like to somehow find a way for her to work. She has earned a bachelors degree and was on the deans list four years. I am a USC and I don't know if there is anything we can do. Good Luck

You should keep in mund that if they leave before turning 18, they are not subject to the bar to returning. The older child might want to consider studying in another country until something chnages. I know the thought of leaving now is very hard, but it is important to understand the consequences of remaining after turning 18. If he were to leave now, and then someday in the future marry a citizen, he could return with no problem. Or study and qualify for work-based residency. Getting any non-immigrant visa (other than those with dual intent permitted) would be very unlikely considering his ties to the US.

Hansel--You need to talk to Gluhbirne and some others on this website, who are US citizens married to illegal aliens. It may be possible for you to apply for a waiver for your wife, but it would entail her returning to her home country and waiting there. Gluhbirne says that these waivers are usually granted for Mexican nationals married to Americans, and may take a year or so to get. No guarantees, tho. Other countries she didn't mention. Try searching the site for her postings.