|
My Attorney USA Board :: Immigration Law |
|
|
|
|
|
Subject :Illegal with Dreams..
23-02-2010 07:57:16
|
|
|
| tjpd13 |
|
Joined: 23-02-2010 12:07:07
Posts: 4
Location: |
|
|
|
|
|
|
My girlfriend was brought into this country illegally at the age of 1 from the Dominican Republic by her mother. Since then her mother has become a permanent resident and her father a naturalized citizen. She also has 4 brothers that are US born citizens that are older than her. She has been living with her father and her brothers for the majority of her life. She is now 20 however, when we obtained her birth certificate this past December and her DOB had been reported wrong and states that she is 21, which isn't the case. The birth certificate also only has her mother's name on it. My girlfriend has completed high school in this state with excellent grades and one semester of college. She is unable to obtain a legitimate job, without being taken advantage of her status. Is there anything that can be done so she is able to obtain a legal status in this country so she is able to move on with her life and be a contributing member of society? |
IP Logged
|
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
23-02-2010 15:45:27
|
|
|
| A.J.Segal |
|
Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
|
|
|
|
|
|
How old was she when her father became a citizen? Did she contact the Dominican Embassy and ask them to amend her COB? On what basis did her mother become a permanent resident and when? I need answers to these questions before I can answer yours. |
|
IP Logged
|
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
24-02-2010 05:57:34
|
|
|
| tjpd13 |
|
|
Joined: 23-02-2010 12:07:07
Posts: 4
Location: |
|
|
|
|
|
|
Thank you for your quick response. Her father became a citizen when she was about the age of 15 or 16. Her mother became a permanent resident when my girlfriend was 13 or 14. Her mother came into the country legally when she was 9 years old through her mother, my girlfriends grandmother. Her mother was a resident alien for a long time then she became a permanent resident. Thank you for the idea in regards to getting the COB changed. I made some phone calls and she has to go to "Junta Central Electoral" where they claim they can fix it. We were not even aware that the COB was something we could change. Hope this info helps answer my previous question. |
|
IP Logged
|
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
24-02-2010 17:11:49
|
|
|
| A.J.Segal |
|
|
Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
|
|
|
|
|
|
You say your girlfriend's father naturalized when she was about 15 years of age. Did she live with him at the time, or resided elsewhere? |
|
IP Logged
|
|
Last Edited On: 24-02-2010 17:12:33 By A.J.Segal for the Reason |
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
25-02-2010 12:01:47
|
|
|
| tjpd13 |
|
|
Joined: 23-02-2010 12:07:07
Posts: 4
Location: |
|
|
|
|
|
|
Yes, she did reside with him. |
|
IP Logged
|
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
25-02-2010 18:59:29
|
|
|
| A.J.Segal |
|
|
Joined: 22-09-2009 22:57:26
Posts: 9
Location: New York |
|
|
|
|
|
|
It is hard to give you any specific advice in the forum setting. For this, you should see an immigration attorney in person. Hence, please do not consider my comments that follow, to serve as a legal advice as they are offered only for information purposes, and are rather general in nature. Again, generally speaking, children under the age of 21 are considered immediate relatives, whose immigration into the USA is not numerically limited and illegal presence is excused. Provided that the child has entered the US in qualified nonimmigrant status, US Citizen parent can petition on the child’s behalf for permanent residency in the USA. Under certain circumstances, U.S. Citizen parent can also petition for his or her child, who was illegally brought to this country. To qualify, the child must be considered “grandfathered.” “Grandfathered” means that an immigrant petition was filed on behalf of the child on or before April 30, 2001. Even if such petition was originally denied, if it was approvable when filed, it grandfathers the child, allowing him or her to be petitioned for anew despite the original manner of arrival into the USA. “Approvable when filed” means that such petition was filed timely, proper, applicable at the time of filing fee was paid and it was meritorious in fact and not frivolous. In limited circumstances, such children can also petition on their on behalf. |
|
IP Logged
|
|
|
|
|
|
|
Subject :Re:Illegal with Dreams..
18-06-2010 12:22:12
|
|
|
| tjpd13 |
|
|
Joined: 23-02-2010 12:07:07
Posts: 4
Location: |
|
|
|
|
|
|
I just wanted to give you an update. Hopefully you have some ideas. We have spoken with an immigration attorney and she seems to think it is going to be a difficult process due to the fact that my GF was allegedly brought into the country on her cousin's US passport, so she was essentially never "inspected". Also during these months, she has been told by her "parents" that they are not actually her birth parents and that she was given away as a baby in the Dominican Republic and brought her in essentially making the birth certificate that was obtianed from the DR a fraudulent document. So since there is no proof where she was born and her "parents" are not willing to help her the attorney is going to try and use the Foundling Statue (INA § 301(f)). Do you have any additional idea? Thank you for your time. |
|
IP Logged
|
|
|
|
|
