Will the US Immigration know that I received a police caution nearly 10 years ago?

I didn't know I was Illegal in the US, what can I do?

• Hello, I have recently turned 18 (something I have been longing for since I was 15), I was so excited. I was ready to go out and get my passport so I could travel with my boyfriend. He and I have been dating since I was 16. On my 18th birthday I decided to talk to my mom about my exciting plans for the future I told her what college I was interested in going to and that I wanted to travel out of the country and see the world. I had been cooped up in my house for so long that I just wanted out. She then proceeded to tell me that I cant do any of the things I want because we are illegal citizens. Apparently what happened was my parents applied for citizenship when I was just a baby. Then, when I was 5 years old we came into the US with a visa and have since been waiting to be processed into legalization. It's been 18 years and still nothing. Just a letter from our lawyer stating that they are quote "working on it". Apparently for some reason, this letter is a valuable tool in our possession. If immigration were to come to us we can use this letter to avoid deportation, (that's what the lawyer said) however this letter doesn't make us legal. The point is I have unknowingly overstayed my visa for about 13 years. what are my options? I am now 18 and i know the more I overstay it after this age, the more serious things get. Is there anything I can do to avid deportation? I have absolutely NOWHERE to go. No family, no friends, no home. I haven't seen my home country in 13 years and there is nothing there for me. I grew up an American and I love it here. I have assimilated into the culture and this is the place I call home. I have never been in trouble with the police I was a good student in high school and I REALLY want to go to college and eventually become a special education teacher. That has been my dream for a long time. My boyfriend and I were thinking about getting married but that's a bit frightening. We have a legit relationship and were planning on getting married even before I found out about my status here in the US but it's just scary to think of what will happen. I keep researching things about citizenship through marriage but something about a 10 year ban and a petition comes up. Will I have to be away from my boyfriend for 10 years if we try to get married? Also, whats this about an interview with immigration to see if we are a legit couple? what's that like? will they be mean to me? Do I need to bring a friend as a witness that my boyfriend and I are for real and that this is not just one of those scams to get a green card? Any information provided will be greatly appreciated! thanks so much!

• Answer:

  November, I don't like to give long answers, but cases like you confirm why I'm actually spending time here. You deserve a competent answer. So let's do this in baby steps. 1) There are no illegal citizens. A Citizen is always legal. There are illegal immigrants, but you are not one, and neither are your parents. 2) An illegal immigrant is somebody who entered the US "without inspection" (EWI). That's basically sneaking in totally under the radar. Uncle Sam has no idea who they are and where they came from and what they are up to. Your parents and you are "out of status." That means you entered the US with inspection, when you arrived at the airport. You applied for a visa at your home country, they know who you are, when you were born, know your history, know that you are here. That is a big difference, even if it prima facie doesn't look like it. 3) The process of becoming "legal" (again) is called Adjustment of Status (AOS). I'ts adjusting from an non-immigrant visa, such as the B2, to that of a Lawful Permanent Resident (LPR), which is the legal term for a Green Card holder. An illegal alien cannot adjust status because he never had any status in the US to adjust from. Somebody who is out of status, even for many years, can. 4) After you and your boyfriend got married, you file the following forms with USCIS: - I-130 (Petition for an Alien Relative) $420 - I-485 (Adjustment of Status) $1,070 - I-765 (EAD = Work Authorization) Free! - I-864 (Affidavit of Support) - G-325a (Biographic information) Important for you is this: Yes, you are eligible for Adjustment of Status based on being the "immediate relative" (the spouse) of a US citizen (after the marriage), at which time your overstay is not being made an issue of (they often say "forgiven" but that's not quite correct). Important is that you tell the truth and disclose everything, as misrepresentation carries a lifetime bar. I could go more into detail here, but you'll understand that this would go too far. If you like you can e-mail me at [email protected] and we can discuss this further. What I don't get is why your parents' application got stuck, but that requires a helluva lot more information.