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How to become a citizen of the US if already here illegally?
Someone I know was brought to the US illegally as a child by their parents. They are 18 now and want to become a citizen. Is this possible without going back to the country they are originally from? How can they become a citizen?
@ edzzy: This isn't about me.
10 Answers
- Brother HesekielLv 71 decade agoFavorite Answer
US citizenship is the final reward after having been a lawful permanent resident (a Green Card holder) for at least 5 years. Other requirements are related to good moral character, tax payments, and other things. So the first step on the long way to citizenship is the Green Card. An illegal alien has no way to adjust status to a resident, which happens from within the US. He would have to leave the US at which point an immediate relative of his, meaning his parent or spouse, who also has to be a US citizen, could petition for him. If he has no immediate relative who is a US citizen, he has no basis for even applying for an immigrant visa.
The moment somebody leaves the US, which is what he would do in any case, a bar is triggered. 180 days overstay means 3 year bar; 1 year or longer overstay means 10 year bar.
Now it gets interesting for your friend.
Since children have no say in where parents take them, illegal presence is not recorded/ counted until the child becomes an adult. Since the bar only starts at 180 days overstay, anything below that won't trigger a bar. If your friend is less than 18-1/2 years old, he has only one way of becoming legal:
Assuming he has a High School diploma, he applies at the local community college as an international student. Trust me, they know what that means. Once approved, he gets an I-20 form. With it, he leaves for Mexico, assuming that's his country of citizenship. From there he applies for a student visa, the F-1 or J-1. Since he has an I-20 already and less than 180 days overstay, it will be approved unless he's a bad guy with a record. He will have to prove, however, that he can pay for school. Once approved, he will enter the US legally, with a visa, which would allow him to adjust status once he gets married.
- 1 decade ago
You have to first apply to become a Legal Resident, in most cases the person will have to return to their home country and follow the application there. Once they've received their residency, you have to have to be a legal resident for 5 years. Then you are able to apply to become a citizen. YOu must take a test and pass it. It took out family about 10 years to become legal residents (that's only because my mom works for a school district, otherwise it would have been longer.)
- TXDiverLv 61 decade ago
Ashley,
Current law mandates they must, must surrender themselves for voluntary departure if they do not have a passport from the country of origin, and leave the country. Once out of the country, they can go to the US Embassy and apply.
If feel sorry for the children in these cases, as it was their parent's illegal conduct that created the problem. There are so many more that do follow our laws, and come to our country legally, that feeling sorry for them is where I stop.
However, with the current administration, if they did that, can show good conduct, good school records, and maybe even acceptance to a college (with scholarship?) they may, say again, may be able to get back rather quickly.
Good luck to your friend.
- MehLv 71 decade ago
If he does not go back to his country immediately, he will jeopardize future chances. He cannot apply in this country.
There is a very short grace period for illegal aliens, smuggled in as minors, to return to their country after they turn 18.
It may already be too late.
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- Anonymous1 decade ago
See.Olga Zanella , 20, grew up in Irving, attending school in Irving ISD as a child. But she hid a secret--she is an illegal immigrant from Mexico. According to WFAA, she found out she was in the country illegally during her junior year of high school, after attending a college financial aid workshop.
She now faces deportation Monday because her status was discovered by Irving police during a traffic stop.
Her story reflects the story of many children who are now growing up in the city, and could face similar fates.
"I feel fear," she told WFAA. "It's going to be hard for me to adapt. It's a different atmosphere."
- 1 decade ago
Ok, the answer is yes they can. But these kind of situations require a closer look, so I need more details. The fact, however, in spite of what haters here say, is that they can become legal. My advice, contact an immigration lawyer.
- Anonymous1 decade ago
they cannot become legal
An illegal cannot adjust status in the US
Marriage and babies will not help either ..that is a myth
To become legal you have to return home
There is a specialty forum one that deals solely with your unique issue. http://immigrate2us.net/