Any hope for an EWI? - Page 2

Since you're still underage, they're not counting your time as an illegal, and if you leave the country before your birthday they'll disregard it. I don't know if being a EWI affects it in any way, tho...
In any case, I suggest you start moving, and FAST. Get a lawyer or two (it's best to hear various different opinions), find out about everything you can, and make up your mind on what you want to do BEFORE your 18th birthday.
If you complete 18 and a half and are still in the country, specially being a EWI, it will be essentially impossible for you to get legalized.

Some things you could write down to ask your lawyer...
- the procedures required for you to leave the country and come back legally through your parents (what THEY will have to do, what YOU will have to do, if there's anything to be paid and how much, etc), take a notebook with you and write down everything your lawyer tells you step by step, i.e. step 1, step 2, etc.

- how long does everything take and how quickly will you be able to come back to the US. Helpful to keep you informed and well aware of what you'll have to go through and keep anxiety in check.

- how can your parents prove that it would be an extreme hardship for them to not have you here in the country (this might be very important, so pay close attention to the answer)

Edit;
Good luck, and I hope everything works out smoothly and quickly for you. I wish I could've fixed my status when I was still underage. If I had know about that loophole in the law I would've done something in time. =/

ok so let me get this
so if i leave before 18.5 i wont have a ban?

& does anyone know how long the process takes?

oh and thank you for the help :]

Honestly,you should be a US citizen by now why your parents haven't gotten your paperwork done yet is strange to tell you the truth.

If these are your birth parents that we are speaking about you should be able to quickly return to the US.Do not under any circumstance submit yourself to any immigration authority unless directed by a certified immigration lawyer to do so.That is the quickest way to not be legal actually & bring unwanted attention to yourself.

If these are your birth parents have them hire a lawyer immediately to file the I-130 in conjunction with form I-485 with the appropriate paperwork proving their US citizenship & you as their birth child through a lawyer.USCIS will recommend that you go back to your home country to pick up the your green card in your country due to EWI at the end of the process[adjustment interview,but they cannot effectively bar you at the US embassy if you are under 18 1/2 at the time of receiving US residency.You WILL be required to return to your home country to receive US residency ending your illegal presence for good should everything go accordingly.

Most importantly,Ensure a certified AILA lawyer quickly & correctly files your paperwork should there be any problems,but according to what you have said so far it doesn't seem that way.

Advising the girl to turn herself in to Immigration officials is the stupidest, most dumb idea I've ever heard!!! Wtf!!! You don't tell someone to walk in the hungry lion's den like that!! Are you on drugs?

Maria, UNDER NO CIRCUMSTANCE TURN YOURSELF IN TO IMMIGRATION POLICE. The most likely course of action they'll take is put you in some kind of prison for illegal immigrants, like BTC or something (my sister was there for four months), and KEEP YOU THERE until they study and find a way around your case. They'll most likely keep you there for long enough for you to turn eighteen which will be too late to take any course of action towards legalization. ICE officials are not to be toyed with, and they're not exactly what one could call compassionate. Most are way to the other side of this situation and just want to deport as many immigrants as they can anyway... they don't really try to help you at all.
ICE agents have even taken prisoners immigrants who were already legal. I've heard and read about so many stories it's crazy. You don't wanna be close to those people. They're psycho.

GO LOOK FOR A LAWYER AS SOON AS POSSIBLE. Tomorrow morning as early as 9am. Set up an appointment for as soon as the lawyer can see you, even if it's on the same day, go with your parents if possible, and you'll have to explain to the lawyer down to the tiniest details of your situation if you want them to offer you the right help.
Follow the legal procedures and in under no circumstance ICE agents should be involved at all. You might wanna try getting this solved before you even turn eighteen. Believe me when I say you'll regret it deeply if you don't do something about it ASAP. Don't count on the DREAM Act when you have another choice. It's at the hands of the corrupt politics that run this country and with no prevision of when, or if, it'll ever be passed.
I know you're only seventeen and you are not feeling or seeing how serious your situation is (believe me, you don't know half of it yet), but don't wait until you get there to find out. Don't be lazy about this. THERE WILL BE NO OTHER WAY. This is no joke.

Go find a lawyer, please. Tell your parents about the urgency of this.

ok so i just had a talk with my parents
and they said no to the whole going back before 18.5 and im gonna have to go back at the age of 20
so is there a waiver to take away the ban
and can i still get petitioned from a parent?
and is it possible to get a visa through a fiance or something?

Mishii, if your parents start the petition right now, it might be done before you are eighteen and a half years old. It doesn't take very long for a USC to file a petition for a spouse/fiance/child.

There is still a waiver if your parents didn't petition you right now and you were to start accumulating illegal presence in the US. You would have to leave the country then and then they would file the waiver for you. They would have to prove that they would suffer extreme hardship is you were banned from the US, so that can be tough if your parents wouldn't face extreme hardships.

Do NOT turn yourself in! That will only put in you in removal proceedings and possibly deported. That is the worst thing you (or anyone in our situation) could do.

PM me if you want. I'll give you the names and contact information of some lawyers (including my lawyer) that will do free consulations either over the phone or by email. They will further explain your options. They will also talk with your parents if you want so they can understand the situation a little better.

Please don't give up. You have a great opportunity to become a legal resident.

Not to be offensive,but your parents are screwing up an opportunity that you & they only have one real good shot at before turning 18 1/2.Waiting at anytime after 18 1/2 will make the process otherworldy difficult & the money they will have to spend in simply trying to bring you back will be a huge mistake.

As Pretty Jolie mentioned,It is very difficult to prove extreme hardship to US citizen parents whom feed & cloth you as it proves they can amply provide & are self sufficient onto themselves.I understand your Parents hesitance but any good lawyer should be able to convince them of the mistake they are currently making.

Marriage & any immigration petition will require you to prove extreme hardship to an immediate relative which is NOT an easy thing to prove.I'd forget about any attempt at 20 & keep at trying to convince your parents why it is so important.

Mishii, you might not have to leave if they file the petition for you NOW! I don't know when you turn 18, but if you start it now, you might be done with the process by then.

I agree with Ianus. It will only get tougher if your parents wait. Unless your parents are deathly ill and you take care of them or something like that, they will have an very difficult time proving extreme hardship. It is an option, but not a good one.

Seriously, talk to some lawyers and have them explain everything to your parents. It is in your best interest to start the petition process AS SOON AS POSSIBLE.

Who knows, you could be detained and deported before you turn 20 and then what? Not only will they have to file a i601 waiver for illegal presence in the US but also a i212 waiver for a deportation.

Your parents sound like they know nothing of the immigration laws and have absolutely no idea of how serious this is...
If that's the case, this might be a very hard situation, specially since Mishii is only 17 and her parents probably don't believe a word she says... well, crap...

Do your parents speak and read english? If so, have them read parts of the law that clearly state how stupid it'll be to wait until you're 20.
Contacting a lawyer that provides a free consultation is a good option too. Your parents need to understand the simple concept of = wait until after you're 18 means you will NOT BE COMING BACK TO THIS COUNTRY for at least ten years. Or, if you stay without getting legalized NOW, you will NOT BE ABLE TO get legalized later. AT ALL.
Simple.
D:

Tell them that.