Legal Question in Immigration Law in Massachusetts

I'm 17 years old without any documents or an SSN, in Massachusetts for almost 6 years. I will get in senior year in high school this upcoming year. I'm originally from Brazil, and my parents too. I live here with my mom (has been here for about 9 years) that has a student visa and my step-dad (has been here for 16 years) that doesn't have any documents. They are married for 5 years. Are they legally allowed to send me to Brazil to live with my grandparents(again) without my consent?

Asked on 8/21/21, 1:03 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your step-father could clearly be deported, & your mother should have brought you here on an F-2 visa.

Once you turn 18, your parents cannot force you to do anything while you are in the United States. However, you will start to accrue unlawful presence & then you could be deported. Once you turn 18, if you marry a U.S. citizen, then you might have eligibility to file for a "Greencard" (depending on other eligibility/ admissibility factors, as well, including whether or not you had a lawful entry).

As a minor, your mother can send you back to Brazil. However, there might be State law that gives the age of age consent to those under 18 yrs old. I am not familiar with MA State law, though, as I practice in CA. Once you turn 18, aren't you considered a legal adult in Brazil & thus able to do what you want? You might just need to stick it out until then.

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Answered on 8/22/21, 9:49 am

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