Questions about legal status

[Rony Karim]

I am currently an 18 year old high school senior and have been living in the USA since January 96. My tourist visa expired April of that year. I was wondering if it would be possilbe to get back on track and somehow attain legal status. I want to pursue a Bachelors in 'Computer and Information Technology Sciences'. I do not live with my parents, they aren't citizens or greencard holders and they do not live in the Us. My aunt and uncle (both are citizens) have custody over me. The reason there was no action to make me ''legal'' was because of laziness and uncaring manners. I did not take this too seriously until I realized I'm almost out of high school and I dont know whats next.. I can't even get a job or driver's liscence which makes the situation worse. I've heard of new amnesty laws focused towards illegals and a few towards students. I was wondering if anything close to that would be of some help. I have a girlfriend of 2 years but I do not want to engage in a marital relationship until I receive legal status on my own. Since the people responsible for me did not take any sufficient action, I am willing and anxious to do it myself. I understand my being 18 already might make things hard.

Thank you, all your responses will be highly anticipated and appreciated.

Rony Karim
ronykarim@hushmail.com

[Rony Karim]

I am currently an 18 year old high school senior and have been living in the USA since January 96. My tourist visa expired April of that year. I was wondering if it would be possilbe to get back on track and somehow attain legal status. I want to pursue a Bachelors in 'Computer and Information Technology Sciences'. I do not live with my parents, they aren't citizens or greencard holders and they do not live in the Us. My aunt and uncle (both are citizens) have custody over me. The reason there was no action to make me ''legal'' was because of laziness and uncaring manners. I did not take this too seriously until I realized I'm almost out of high school and I dont know whats next.. I can't even get a job or driver's liscence which makes the situation worse. I've heard of new amnesty laws focused towards illegals and a few towards students. I was wondering if anything close to that would be of some help. I have a girlfriend of 2 years but I do not want to engage in a marital relationship until I receive legal status on my own. Since the people responsible for me did not take any sufficient action, I am willing and anxious to do it myself. I understand my being 18 already might make things hard.

Thank you, all your responses will be highly anticipated and appreciated.

Rony Karim
ronykarim@hushmail.com

[Katycab]

The pending law that would help you is called the DREAM act. Of the laws pending it is one of the most likely to pass (along with AgJobs). As long as you have never had any criminal charges it seems that you would otherwise qualify once you get your HS diploma. As the bill currently stands you could then get conditions removed on your permanent residency when you complete 2 years of University. Meanwhile you would have full authorization to work and travel.

As for getting married, you don't say if your girlfriend is a citizen or not. But even if she is, I would not recommend replacing one major life problem with another. If you married a citizen, you could probably adjust. But then you would have to live with a marrriage you may not be ready for yet.

I wish you good luck with everything. Meanwhile you could ask your citizen aunt and uncle, and any of your voting friends to ask their congressperson to support the DREAM act.

[AliBA]

Simpler solution--go back to your home country, and apply for a student visa.

DREAM Act isn't even likely to come up for a vote until next year according to its sponsor Orrin Hatch, and there's serious doubt it will pass in both houses.

Pinning all your plans on its passing is not a wise idea.

[NYCImmParalegal]

If your aunt and uncle were to adopt you, they could petition on your behalf before you turn 21. If not, there is little you can do to "legalize" your status. Unfortunately, even if you were to go abroad you may be barred from returning to the U.S. for up to 10 years. You may try speaking to an attorney or free legal counseling; there may be a way to get a waiver of inadmissibility, but unfortunately your situation is very common and will become more of a problem when the children of people who were in the U.S. illegally grow up to find out that (unless laws are passed to change things) very little can be done.

[Rony Karim]

Thank you, I have heard about the 10 year bar. I thought of going back to the country and just come back, but I guess I'd have to wait for a long time. Yes my girlfriend is a citizen. I heard something about a Student Adjustment act too. I do not have any criminal records, I'm a good sumaritan. I also e-mailed two of Florida's senates (Bob Graham, Bill Nelson) and our House Rep. (Mark Foley) explaining my situation and urging them to support the bills.

[Violet]

NYSImmparalegal,

Is it true that if his uncle and aunt adopted him they could petition for him? I am asking because I-130 says: "You may not file for a person in the following categories. A. An adoptive parent or adopted child, if the adoption took place after the child's 16th birthday..." Or would they file a different form?

[Rony Karim]

My aunt and uncle only have guardianship over me, I have a new question though. Would you happen to have any idea, if I live in Tennessee I would be able to obtain a driver's license? I know there were some bills pending in the state of Tennessee to tighten license issuance laws.

Thanks again, Ron