Should i live the US before turning 18 for green card
 

I was requested by my dad in 2005 and my cases is already moving. I came here illegally in 2004 ... i have talked to some lawyers and they say that i should live the country before i turn 18 because then i will be punished because i turned 18 here in the country. im 17 and turning 18 July 1st... do you guys recommend me staying or leaving? they also said that if it takes longer than to get the appointment for interview and i go over 18 1/2 i might be punished.

Re: Should i live the US before turning 18 for green card
 

If I were you I would leave so that you dont get that 10 year ban

Do you know when your case will get approved ?

Re: Should i live the US before turning 18 for green card
 

What "they" are saying is accurate.The "punishment" is a 3 year bar,and if you stay six months longer it becomes 10 years !

You choices are simple:

1.Visit home and receive green card and come back legally as a Permanent resident without issue

2.or stay in the US illegally past 18 1/2,give up your green card process and wait until Dream act possibly passing whenever in the future.

Re: Should i live the US before turning 18 for green card
 

What do you mean by approved? By what i know from lawyers is that the case is moving.
I received the $70 letters that i paid already

So i've been told to leave as soon as possible cause my bday is july 1st

Re: Should i live the US before turning 18 for green card
 

So do you guys recommend me leaving back to Mexico and wait for interview? and i won't be punished....
Also how can i prove that i left before july 1st if i am playing from Tijuana ?

Re: Should i live the US before turning 18 for green card
 

***flying

Re: Should i live the US before turning 18 for green card
 

Also come lawyer told my mom to cancel her petition since my dad is petitioning us because if not they are going to give her a band but would that work?

Re: Should i live the US before turning 18 for green card
 

I'd leave! (As long as I were guaranteed to be able to make it back).. I would've taken that option if I would've know about it at 18!! ....now I'm 22, my mom is a few months from citizenship and I'm still at square one.. Look at it as a vacation. :D

Re: Should i live the US before turning 18 for green card
 

Yes i think that is what i am going to do

Re: Should i live the US before turning 18 for green card
 

If this person leaves, I thought the 10 year ban applies still.

Re: Should i live the US before turning 18 for green card
 

That's why it is so important to know the current system.Immigration bars are based on the time periods of "Unlawful Presence"."Unlawful Presence" does not begin until the age of 18.If you have accumulated more than 180 days of unlawful presence after reaching 18 you have effectively lost your chance at wiping your slate clean as it relates to immigration benefits.Once a person has reached after the 180 day mark after age 18 the 3 year bar comes into play,and once it reaches 1 year of unlawful presence when you reach your 19th Birthday the 10 year bar then comes into play.

The OP is currently under 18 with a pending petition for permanent residency therefore should not have any issue acquiring the benefit at the US embassy in their country of origin if left before age ~18 1/2.The benefit of permanent residency once acquired at the US embassy showcases the OPs right as a resident of the US to legally enter the US without issue.If they wait any longer the petition could be considered abandoned and will more than likely be illegally in the US for the rest of their lives until Federal laws have changed Comprehensively or Dream act has passed........which is a complete unknown at this point !
According to the law,you have no immigration bars therefore I see no reason why you shouldn't get the benefit.If you wait too long you could have your petition considered abandoned AND you would then acquire a 3 year bar if over 18 1/2.

I would also suggest flying because it would be reflected in the system that you had left officially AND you would have ticket stubs proving so as well.

Re: Should i live the US before turning 18 for green card
 

Ianus, so let me get this straight. My parents just got their legal residence and submitted applications for my three siblings 20, 19 and 14. All from Mexico and entered with visitors visas which are all expired. So the 20 and 19 yr old already have the bar applied to them thus voiding the application or any possible way to adjust?

Re: Should i live the US before turning 18 for green card
 

^^That would be a completely different circumstance though.Yes,unlawful presence does apply to the 20 and 19 year old but it does not "void" the applications.USCIS makes an exception to those that have pending applications under the age of 21 whom overstayed their visas and is an immediate relative to a permanent resident parent or US citizen petitioning for their children[generally under 21 for immigration purposes],it is basically an exception to the rule to respect the rights of the person doing the petition.There are many others exceptions such as 245i or Marriage to a US citizen which excuses unlawful presence THUS nullifying the immigration bars.

If you can nullify unlawful presence you can get rid of the immigration bars,but most of what I have mentioned is only possible INSIDE the US.It is the very reason many don't leave AND why US embassies are so strict with regard to letting anyone inside the US because it creates opportunity for permanent stay if applicable and successful.

Re: Should i live the US before turning 18 for green card
 

Thank your for the prompt response Ianus.

Re: Should i live the US before turning 18 for green card
 

Thank you so much, i feel more relief now knowing that i have an opportunity.