Iffy Immigration Status?
So, a friend came legally as a child but overstayed but due to some funky court cases, now can't leave the us unless she plans to never come back and she has a legal ssn and is no longer titled ilegally. Is there anyway for her to gain permanent residency or us citizenship?
Answers are very much appreciated :), hopes she gets us citizenship so we can go to Paris together!!!
- pkLv 78 years agoFavorite Answer
She didn't overstay due to some funky court cases, she overstayed because she never intended to leave. There is no "funky court case" which prevents her from leaving.
As for having a SS number, that means nothing. SS will issue a number to a dead moose if they think it will pay taxes.
Back to the leaving part, the most recent case is called Matter of Arrabally, which ruled that if USCIS or CBP paroles someone in for humanitarian or emergency reasons, it's considered a lawful admission for adjustment purposes.
And because the courts ruled against the agency and all that they tried to stand for in being nicer and keeping families together, USCIS now refuses to issue emergency travel documents or parole stamps to anyone without a valid underlying status. There is no more walk into a field office claiming your Mother is about to die and take your yearly vacation to Honduras or El Salvador.
Your friend likely has TPS or some other non-status that allows then to be present without being deported, but does not afford them any means to adjust.
Even people who have a valid underlying adjustment application are having issues because if USCIS suspects they have an inadmissibility issue, even if it's waivable, they're not going to issue the travel document to allow them to re-enter the country while their application pends because too many people have abused the system and filed frivolous applications just to get that travel document.
Is there anything she can do?
No. But she can still go to Paris, she just has to have a return ticket to her country of origin.
And ask her parents why they thought this was such a brilliant idea.
- Brother HesekielLv 78 years ago
She can only adjust status to that of a resident based on becoming the immediate relative of a US citizen. Since she can't switch her parents and won't have a child over the age of 21, the only option is to become a spouse.
This has nothing to do with citizenship. Citizenship has to be earned through years of lawful residence as a resident.
pj . . . I never really noticed you so far, but let me compliment you on your previous two answers. Both were very thorough and spot on.Source(s): The son of a German mother and a Swedish father, I have lived in 6 European countries before immigrating to Southern California two decades ago. I work as a corporate attorney in Santa Barbara and answering questions here is my way of giving back.
- Anonymous8 years ago
probably not ..the
ssn is probably fake
Go see an aila lawyer to get proper legal advice
- Anonymous8 years ago
she has to write to uscis. it should be easy since she already has a ssnSource(s): common sense..