What does a child/18 yr old do if their parents allowed their status to expire?

[fackina]

I am a HS teacher. I am trying to help one of my most amazing, talented and beautiful high school students but do not know where to turn.

Twelve years ago (when she was 7 years old) her family left volatile Albania and came to the USA. Their family H1 work visa was valid for 10 years. It has since lapsed 2 years. As a child, she was unaware of this. Now, at 18, she just learned of her status and is totally and completely overwhelmed. She does not know where to turn. She has realized her status and is facing major personal obstacles. The most upsetting issue is that she can not attend Rutgers University, although accepted, because she would have to enroll as an international student since she does not have legal US status. She can not afford to pay international student rates. Emotionally, she is not an international student. She doesn't recall much of her life in Albania, is now studying the language of her parents' country, she of course has been totally assimilated into the American culture having been schooled and grown up in America for the past 12 years.

Her father applied for an extraordinary ability status in 2006 and reapplied again recently.

Does anyone know how she can obtain her own legal resident status? Since she is 18, can she do something on her own for her own status?

She is an exceptionally promising young woman. I've been brainstorming to try to figure it out. It seems unfair to her since she has not made these decisions for herself and now she finds herself a young woman with major, major obstacles. We need help. If anyone knows anything – any experience in this type of situation"”please give me a suggestion or maybe you have a contact who can help....

[fackina]

I am a HS teacher. I am trying to help one of my most amazing, talented and beautiful high school students but do not know where to turn.

Twelve years ago (when she was 7 years old) her family left volatile Albania and came to the USA. Their family H1 work visa was valid for 10 years. It has since lapsed 2 years. As a child, she was unaware of this. Now, at 18, she just learned of her status and is totally and completely overwhelmed. She does not know where to turn. She has realized her status and is facing major personal obstacles. The most upsetting issue is that she can not attend Rutgers University, although accepted, because she would have to enroll as an international student since she does not have legal US status. She can not afford to pay international student rates. Emotionally, she is not an international student. She doesn't recall much of her life in Albania, is now studying the language of her parents' country, she of course has been totally assimilated into the American culture having been schooled and grown up in America for the past 12 years.

Her father applied for an extraordinary ability status in 2006 and reapplied again recently.

Does anyone know how she can obtain her own legal resident status? Since she is 18, can she do something on her own for her own status?

She is an exceptionally promising young woman. I've been brainstorming to try to figure it out. It seems unfair to her since she has not made these decisions for herself and now she finds herself a young woman with major, major obstacles. We need help. If anyone knows anything – any experience in this type of situation"”please give me a suggestion or maybe you have a contact who can help....

[Rough Neighbor]

Yes sure, glad to help. It's 1-800-375-5283. Get some peanuts or popcorn handy when you placed the call though. Or make yourself ready to multi-task like doing embroidery, babysitting, or whatnot. There's always a little wait of from 45 minutes to three hours. Good luck!

[catcaro]

fackina i have the same problem as ur student but the only diference is that i was already deported and im 19, my sibilings who r 17 and 16 also have the same problem, since they were in hs now they r behind in school again.

[Someone12]

blame yourself and your lying parents...you have NO right to return to MY country.

[4now]

This child needs to return to homeland before accumulating illegal presence. Apply for f-1 visa in order to go to college in usa .

Depending on what state the college is in, he/she may or may not be eligible for in state tuition.

After college, H-1b will be available to them, and after that... well there is always marriage to usc. surely by then they will have found somebody to marry

[Jeanine]

This is weird because I had a friend at high school who was on J2 (parents on J1, she was a dependent) and she only had to change status to F1 when she has reached 21 and not 18! How come this woman of yours have to change status at the age of 18? Or is it differ by visa types??? Also, I don't know what state you are from, but in CA if you went to three years at a California high school and graduated from there, then even if you're on F1 when you start your undergrad (or grad- same thing for this purpose) then you pay "in-state" tuition..you might wanna check how it works at your state....Good luck!

[fackina]

Thanks for the replies- many of you have great input. Her father has a "extraordinary ability" application pending. DAVDAH, since they've got the application pending, would that impact her 180 days or an F1 application?

(She turned 18 June 24 2007- over 180 days ago)

It is very scary for her because she may have to return to a place she doesn't know-- the only life she knows is here (NJ).

That Dream Act would really be her best solution but in the meantime it isn't any help at all.

Rutgers told her she needed the F1 but would have to pay international student rates. It doesn't seem fair as she has been schooled in NJ since 1st grade- practically her entire school life. It also doesn't seem fair that she should have to bear the punishment of her parents' mistakes. But emotions have no place in immigration.

That rule in CA where if you attended a CA HS for at least 3 years then you get in state tuition is a good one--- I don't think we have that here in NJ. I have to keep researching.

I don't believe marriage is a viable solution for an 18 year old girl. Viable marriages are scrutinized by INS- may God watch over those who are fraudulent.

Davdah, do you know the answer to my previous question: "since they've got the application pending, would that impact her 180 days or an F1 application?"

[Rough Neighbor]

(Fackina, I apologize for my first impression that your post was just made up by one of the jesters here. You sound like you're a real deal. Again sorry).

Here's my take on the case that you have presented.

Is the father's case represented by an immigration attorney? If so, the lawyer might have done lawful ways to maintain his and all his qualified dependents' immigration status.

That is what I think so. One indication that I can see is when you said that the father's H-1B has lasted for 10 years, which is only good for the maximum period of six years.

But it could be extended beyond six years provided that a Labor Certification has been filed on his behalf 365 days away from the last day of his sixth year on H-1B status. (Please see AC21 Act of 2000).

Likewise, the father's (10-year H-1B) status may have been bridged when a Labor Certification plus I-140/I-485/I-765 were filed in 2006. That's even if he did "not" apply for the extension of his H-1B. I mean his H-1B may not have been extended, but doesn't mean that his status has expired.

His stay, including those of his spouse and minor children (below 21), may have been protected by what's called "authorized stay by the Attorney General."

And if, as you said, the father's reapplied "extraordinary ability" alien application is still pending, the daughter can file her own Forms I-485 (AOS) and I-765 (EAD) as derivative applications based on the father's which can serve as proof of maintenance of her legal stay, and in turn satisfy the school's requirement.

If everything that I said above were true, the father's EB-2 (or may even be EB-1) category application's approval may no longer be far off. Immigrant visas for these categories are CURRENT (or readily available) for Albania.

Lastly, if the father is not represented by an immigration lawyer, it's highly recommended that he hires one as soon as possible.

[Jeanine]

@Fackina: check if that tuition thingie works in NJ because maybe it does...(it works in CA) Good luck!

[Theone]

H Visa's ae not issued for 10 years, 3 years, renewable once.

We can only guess is she entered on a H4 and how long she maintained status.

IF her fathers employer did sponsor the family for a GC, that may be different.

If she had been out of status then a F1 will not work, she would never get one.

It sounds that her parents are not stupid, what are their plans? And if they are here on a H, well that implies a reasonable salary, enough to pay their daughter through Uni.

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
H Visa's ae not issued for 10 years, 3 years, renewable once. ... </div></BLOCKQUOTE>

It's necessary sometimes to go beyond the dots when you're making an opinion. What you said was true until the enactment of AC21 Act of 2000.

[fackina]

Thanks again for your input.

I am the "real deal".. I am a high school teacher and many hearts are breaking on behalf of this amazing young woman who has been put in a situation beyond her control. The most important broken heart is her's.

The information I have is from the girl. It doesn't sound like she has all the information or her dad is not 100% clear with her on it. It sounds like they do need an attorney- at least SHE does if her parents don't.

You all have had such good input and sound like you are quite versed in the ins and outs of the processes. It is overwhelming to me and even moreso for this child/young woman.

She is reaching out to me for help-- I am just her HS teacher... I am reaching out to others where I can't help....

It sounds like someone needs to advocate for her both legally and maybe within her family in order to get the full scoop on what her father has done.

Thanks for the input-- if I learn any more information I will bounce it off you all. You've been great.

[susie]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by fackina:
I am a HS teacher. I am trying to help one of my most amazing, talented and beautiful high school students but do not know where to turn.

Twelve years ago (when she was 7 years old) her family left volatile Albania and came to the USA. Their family H1 work visa was valid for 10 years. It has since lapsed 2 years. As a child, she was unaware of this. Now, at 18, she just learned of her status and is totally and completely overwhelmed. She does not know where to turn. She has realized her status and is facing major personal obstacles. The most upsetting issue is that she can not attend Rutgers University, although accepted, because she would have to enroll as an international student since she does not have legal US status. She can not afford to pay international student rates. Emotionally, she is not an international student. She doesn't recall much of her life in Albania, is now studying the language of her parents' country, she of course has been totally assimilated into the American culture having been schooled and grown up in America for the past 12 years.

Her father applied for an extraordinary ability status in 2006 and reapplied again recently.

Does anyone know how she can obtain her own legal resident status? Since she is 18, can she do something on her own for her own status?

She is an exceptionally promising young woman. I've been brainstorming to try to figure it out. It seems unfair to her since she has not made these decisions for herself and now she finds herself a young woman with major, major obstacles. We need help. If anyone knows anything – any experience in this type of situation"”please give me a suggestion or maybe you have a contact who can help.... </div></BLOCKQUOTE>

Once a child turns 18 years they are responsible for their own actions.

It may be that there is nothing to be done, and must leave the USA. The longer the overstay the longer the re-entry ban, 3 to 10 years

Question,

What paperwork did father file, and did he list child as dependent?

If case in process, child maybe protected under the CSPA