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18 years old, order of deportation, I 130

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  • 18 years old, order of deportation, I 130

    Hi,
    My parents and I came to the US in 2001 from Colombia and started their process requesting political asylum. However, we were denied; we appealed, and again were denied plus received an order of deportation from the judge. We are still here. I just turned 18, a couple of months ago.

    An older sister came after we arrived, married, and just took her oath of citizenship. She's planning to file an I-130 to request my parents, and hopefully naturalize them. But I'll be left out, apparently, correct? If the petition successfully works out, it will be a while until they can request me. However, I need to be able to work, help pay my college tuition, drive, etc, etc, etc. I'd like to ask what the chances of my parents obtaining their residency is considering we were given an order of deportation, and, considering those chances, what would be my options at obtaining some sort of status here in the US.

    Thanks in advance.

  • #2
    You can not obtain ANY kind of status. As an overstay, you are about to trigger 3/10 year bans from being admitted into the USA.

    Your sister can petition for you, but it will take 15-18 years for you to get an immigrant visa number through her.
    Your parents can petition for you and depends on whether they become citizens or not, it may take a few (4-5) years...

    But the bottom line is that you, the moment you turned 18, are accountable for your parent's actions and you started accumulating illegal presence.

    I doubt your parent's Green Card process will go smooth... seriously doubt it... but even they will be able to adjust status because they are immediate relatives of an US citizen... you in the other hand, will not be... by the time your parents obtain citizenship.

    So, the best chance for your is to leave the US and come back with an F1 (student) visa... but that will prove hard, specially with illegally present family in the USA.

    Or, marry an US citizen, but then that will probably be seen as immigration fraud if it is done just for "a legal status".

    Either way, you have 6 months from your 18th birthday to leave before you trigger a 3 year bar. You people need a good immigration lawyer.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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