Father is a naturalized US citizen. Mother is LPR. Their two oldest boys, 16 and 18 years old, were born and raised in Honduras (they were raised by grandparents). Father and mother obtained their US status after the boys were born.
The two boys illegally crossed border into Texas in December 2007 and picked up by federal officers. The boys are Honduras citizens, but they also have birth certificates/passport from Nicaragua because their father was born there.
If they will be subject to removal proceedings, what would be the best course of action to take? Is there any way to argue that the boys obtained derivative citizenship or LPR status? Because of the political unrest in Honduras, the parents of course do not want their boys to go back there. Is there any way to apply for a status with them remaining in the US?
Why didn't the father petition for them? He could have done that as an LPR and then included them on his application for citizenship as derivatives. And why, pray tell, did the father and mother leave them behind in Honduras? It appears they crossed (the parents) legally into the US. I don't get it.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
This is just typical. Surely the parents can't be this stupid? Obviously they are.
The parents have legal status, but they just decide to ignore America's laws and bring their kids here illegally...and now you want us to feel sorry for them? Why couldn't they just have done it the correct way from the beginning?
They could easily have sponsored their children, but they evidently thought themselves too important to follow the rules.
As to the stated "political unrest in Honduras," well that has only been occurring within the last two weeks...so, how does this explain that the kids have been in America illegally since 2007?
The parents left Honduras after their kids were born...and made that decision themselves.
No, the kids cannot "argue" that they have either derivative citizenship or LPR status...they are illegal aliens, thanks to the arrogance and stupidity of their parents.
As per current laws, there is no way for them to remain in America while obtaining legal status. Given the disrespect that the parents have shown for America, I think that they should all be deported. The parents broke the law by bringing their kids to America illegally.
Good points. I think because the father came here illegally, but obtained LPR status through the Nicaraguan Act (father born in Nicaragua, but lived in Honduras). Eventually, he was naturalized.
Do you know if it would be possible to apply for a I-130 and ask a judge for a continuance? The boys are currently going to a public high school.
If there is any way for the boys to stay here, please let me know.
I am just a volunteer trying to help this family. Thank you for your assistance.
The best bet is for the kids to leave asap. The one who is 18 is in the most trouble since he is accruing illegal presence time. Time that will count towards him being banned from entry. If he has recorded over 180 days but less than 365 days he will be banned for 3 years. Over 365 days and the ban is 10 years.
Since they entered illegally there is no basis for relief. If they leave, the parents can file an I-130 and go through the normal process. This can not be done here. If anything, their acts may put the mother's LPR status in jeopardy. It will appear she had a hand in the transporting, aiding and abetting of illegal aliens. An offense, if convicted of, will result in her status being revoked.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8826 | Location: San Diego, or near by. | Registered: 06-08-2007
Will08: This sounds like a pattern of illegality and skirting the law to me.
I realize that the parents aren't very intelligent, but surely they could have asked for "help" with their children's immigration before breaking the law again?
The parents' arrogance is quite breathtaking.
It's too late for them to remedy the situation...the time to seek advice and assistance was before they broke the law yet again.
The children's could easily have immigrated legally, but the parents decided to circumvent the system yet again...and the fault lies entirely with them.
You should surely be trying to help American families...or families that actually respect this country!
Originally posted by will08: Good points. I think because the father came here illegally, but obtained LPR status through the Nicaraguan Act (father born in Nicaragua, but lived in Honduras). Eventually, he was naturalized.
Do you know if it would be possible to apply for a I-130 and ask a judge for a continuance? The boys are currently going to a public high school.
If there is any way for the boys to stay here, please let me know.
I am just a volunteer trying to help this family. Thank you for your assistance.
Will please stop posting this made up scenerios about illegial immigrants. I think it is highly possible u are the same will who posted a few weeks ago saying you and your girlfriend were illegial from england with a child. Will just get a life please!
There is no way to say you’re wrong about the points you have made. You’re not wrong. But, what you are not understanding is the average mentality of a person from the 3rd world.
One could say that, all that has happened is because of America’s …fault. The Father originally entered without inspection (illegally), and was rewarded with citizenship. Why would he think it would be any different for his Son? America cannot expect a peasant from Honduras to think like an immigration attorney, or even like an American for that matter, even if he now is one.
The only thing un-American about America, is the USCIS.
Thank you all for your responses - critical or not. I understand that illegal immigration is always a hot topic and will evoke lots of emotions.
Yes, you're right that most illegal immigrants do not belong. However, there must a reason why the federal government has statutory provisions to permit SOME aliens to remain in the US even when they entered illegally, whether it be by way of asylum, temporary protected status, hardships, etc.
With respect to the parents, yes, they were naive and it boggled my mind why they didn't try the legal way. Basically, they got bad advice and had no idea what they were doing. The two boys grew up with their grandparents, but there were some threats against that family and the family dispursed...the boys went with a another family member to cross the border. By the time the father was naturalized, the boys were here already illegal. So I understand some of your anger and frustration. I do appreciate everyone's responses.
Originally posted by will08: Is there any way to argue that the boys obtained derivative citizenship or LPR status? .... Is there any way to apply for a status with them remaining in the US?
As far as I know, the answer is NO to both questions. There were different opportunities BEFORE boys crossed illegaly...
Family should seek professional advice. They should also be aware that if something sounds too good to be true - it probably is!
There is one possibility. Since both boys are from Honduras there is a provision under INA section 244(c)(2) and 8 CFR §§ 244.1 - 244.4. where they may apply for temporary protected status. I beleive they would request a cancellation of removal and file the I821.
Upon approval, their TPS status would be granted. This may not be the best option. An alien can not usually adjust status from a position of TPS to LPR.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8826 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by ProudUSC: Why didn't the father petition for them? He could have done that as an LPR and then included them on his application for citizenship as derivatives. And why, pray tell, did the father and mother leave them behind in Honduras? It appears they crossed (the parents) legally into the US. I don't get it.
Proud USC
Will is making this up for attention I think. He needs to get a life and stop posting all these made up stories about illegial immigration. Besides if they were picked up in 2007 they would have been deported long ago something doesnt make sense with this posting
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