Legal Question in Immigration Law in California

Undocumented and a Student

All right I am illegal in the US. But anyways I am in the US. I am a senior in high school and want to go to college. I am 16 years old. My parents are also undocumented. My grandma, who is a US citizen applied for my mom in 1997. And I think that by applying for my mom she applied for me and my brothers and sisters. The problem is that my grandma does not earn a lot of money first of all and the process is taking too long. Our we going to get a green card? Could our application be rejected still? Is there anything I could do to file for a green card separately? For example could my grandmother petition for me alone? Can she adopt me and then petition? Can one of my auncle or aunts who are also US citizens petition for me? What is faster. Or do I just need patience? Thanks for your help

Rox


Asked on 1/29/03, 10:57 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Undocumented and a Student

You just have to wait for the process to work itself through. It's like a crowded long line. If you're NOT from Mexico or the Philippines, the petition for your mother (assuming she's still married to your father) is coming up because they're processing ones filed on or before Feb. 8, 1997. At that time, you guys can get work permits, etc., and be on your way to permanent residence. But if you're from Mexico or the Philippines, the processing is way behind by 4 and 8 years, respectively.

Since you're still under 21, your best bet is to be included in your mother's petition. Forget the other relatives, they can't do anything under the law for you. And no way can your grandma adopt you when you have a mother who is being petitioned for by the grandma. So, your case won't be denied, but unfortunately, you're going to still be illegal until the petition get to the top of the line.

Liem Doan, Esq.

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Answered on 1/29/03, 11:28 pm


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