Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Born in Mexico, soon to graduate U.S. high school?

My boyfriend is a 16 year old high school junior and he just found out (because he couldn’t get his SSN) that he was actually not born on U.S. soil. He's really freaking out lately because we're both graduating next year and he doesn't want to be deported to Mexico (where he hasn't been since he was a baby).

I really don’t know what to do because nothing is for sure – laws seem so complicated (age, residency, green cards, parents etc) and it’s so controversial. I’ve thought of a few things but idk:

1) apply to colleges early to be accepted and get a visa (but he’s never been focused on school, just drawing and video games and music and idk if they’d let him)

2) get married; lots of people do this. (tbh, I don’t think I’ll be ready to marry at 18…I feel horrible for it because we’ve known each other for 3 years, dated for 1)

3) go to Canada – not sure if legally or illegally –his idea. But I worry that (even if CA has less issues with US immigrants than US has with MX immigrants) they’d still wanna know name, SSN, etc to let you in at all.

Does anyone have any advice on ways for him to stay in the U.S./Canada, out of Mexico? Should he just try to stay here illegally? Also even if it’s only bad news, if you know laws about any of these options, please let me know; thanks!

4 Answers

Relevance
  • 8 years ago
    Favorite Answer

    If he meets the requirements, he should consider applying for Deferred Action for Childhood Arrivals. This will keep him in an okay situation temporarily. He can see where immigration reform goes over the next year or two and see if he may have more options then.

    He can certainly consider a student visa, a spousal visa (if you get married) or leaving the country altogether, although all of these have both positives and negatives so he needs to research them thoroughly (and perhaps seek the advice of a good immigration attorney) before taking any serious action.

    He does not begin to accrue unlawful presence until he turns 18 (his parents' choices do not count against him while he is still a child), so there's some time to really explore the best options. But I would recommend looking into DACA for now.

  • Nex
    Lv 7
    8 years ago

    Okay look, for the time being he can apply for DACA as other people have pointed out. It's 2 years of work authorization and authorized stay (so he won't accrue the illegal presence which leads to a 3/10 yr ban, and DACA will get extended as long as Obama is in office). He will be able to get a social security number, work, and likely obtain a driver license unless you live in some racist backwater of a state.

    Student visa is extremely unlikely in his case since he lived in US illegally.

    If you're still together when you both hit the age of 18 and you want to help him adjust status (ie. get a green card), in all cases you need to make at least 125% of the current US poverty line, if you do not, other citizens or permanent residents can co-sign, all cases also require marriage:

    If he arrived on a visa then the process is little more the filing multiple forms with a fee.

    If he arrived illegally and is covered under DACA or/and didn't accrue at least half a year of illegal presence then it involves filing a few forms, and then he'll have to leave US, albeit with no 3 or 10 year ban and undergo consular processing abroad, and subsequently return to US. If you're still together at that point, and you want to help him adjust, it is important to act quickly before he would otherwise be banned from re-entry.

    If he arrived illegally but accrued over half a year of illegal presence at the time, then the process gets much more difficult as it will be the same as above, but it will require the I-601A hardship waiver, and those things require phonebooks of evidence that spouse's absence would cause extreme hardship to the petitioner spouse.

    Sci fi fan, go be a bigoted asshole somewhere else.

  • ?
    Lv 7
    8 years ago
  • 8 years ago

    Thats sounds really complicated but im surr everything will be ok

Still have questions? Get your answers by asking now.