Legal Question in Immigration Law in New York

how can my friend become a legal underage citizen? Hes only 17. He lives with his mom and she doesnt have her papers as well.


Asked on 7/27/09, 10:08 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

At this time, he cannot become a lawful permanent resident if his parents are illegal and he himself came to USA illegally.

He cannot become a permanent resident or citizen. Apparently, he is a citizen of some other country residing without an authorization in USA. If he departs the USA until he is 18 or 18.5 years of age, he could be able to obtain a visa to USA. If he continues living in USA illegally after he is an adult, he will start accruing a period of unlawful presence.

P.S. there is no "legal underage citizen" category.

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Answered on 8/01/09, 10:19 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, please note that in this country the seventeen year old is still considered a minor (a child-for he is not 18 year old yet). The only thing I can say is how did this child get into the country?

How long has your 17 year old friend been living in the US?

Did he enter the country using a passport or a visitor's visa?

Does he have a birth certificate?

Why has his mother not filed her papers with the immigration service and in doing so then add the child to her immigration filing?

Patricia Martin-Gibbons

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Answered on 8/03/09, 2:36 pm


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