At what age can you be a legal resident? 8 Answers as of August 02, 2011My cousin and her boyfriend are planning to start a family and getting married, but she is not legal in the U.S. Her parent brought her over at the age of 2, and has been here ever since. Her boy friend is an American citizen. We would like to know if he can help her legalize here at the age of 18, or if he has to wait till he is 21? Or can he even help here? She is turning 19 and he is turning 18.
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
There is not a specific date when foreign nationals can become a lawful permanent resident. But bear in mind that, having her turned 18, she has just begun to accrue unlawful presence in the United States for purposes of the 3 to 10 year bar. In other words, she would be deemed inadmissible in the United States for a period of 3 years upon accruing more than 6 months of unlawful presence in the United States; and for a period of 10 years upon accruing more than 1 year of unlawful presence.
Answer Applies to: Florida
Fong & Associates | William D. Fong
There is no minimum age for a U.S. petitioner to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (I-864). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.
Answer Applies to: Texas
The Jarrett Firm, LLC | Patrick Jarrett
Based on the information you provided, your cousins boyfriend can only help her once they get married. From the question details, it appears that she entered without inspection. If that is the case, her and her fianc need to meet with an experienced immigration attorney to review all their options. Their only option may be to consular process through her home country, but without knowing some more details, it is not possible for me to say with certainty. There may also be an issue as to how much unlawful presence she has accumulated as unlawful presence does not begin to accumulate until she turned 18. Her fiance and her need to meet with an immigration attorney soon to review her options because many options are time sensitive. Best Wishes.
Answer Applies to: Georgia
Eric M. Mark, Attorney at Law | Eric Mark
There is no age that is going to make her legal. Marriage to a U.S. citizen may help, but it's not that simple. Unless the law changes, she is probably going to have to leave the U.S. to obtain a green card. It is a difficult and long process. They really need to speak with an immigration lawyer.
Answer Applies to: New Jersey
Law Office of Immigration & International Trade Law | Linda Liang
He has to wait until he is 21. but if she came illegally, they still have big problem. They should have a face to face consultation with an attorney to go through all the facts.
Answer Applies to: Florida
Law Office of Christine Troy | Christine Troy
If he is a USC and they are legally married in the state of residence, he can sponsor her for a green card. However, she can't obtain a green card in the US because of her illegal entry unless she is eligible under 245i via an immigration filing probably done for her parents by an employer or family member. Otherwise she would need to consular process-when she leaves the US she triggers a 10 year bar and her husband needs to file an extreme hardship waiver. Tricky but fact patterns like this one have one of the best chances of approval-but are still very difficult. Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there are a lot of factors that must be considered. I am happy to do a consult with you. That normally takes about one hour and my fee is $150. Otherwise please make an appointment with an immigration attorney of your choosing.
Answer Applies to: California