would my friend be eligible? - Page 2

I really appreciate your response. I wish I knew the whole story. All I know is bits and pieces, in all honestly, my friend didn't even know the complete story. His father was working here for as an architecture for a fairly large company in the bay area. I do not know if they overstayed their Visa. My friend had a social security number and also his drivers license, so I am fairly confused also. He also had this card that said he had the right to work, on the back however it said it was not a proof of permanent residence. That card expired this month. What I do know is his parents have an interview in the Philippines next month and they expect to get their green cards. His younger brother is 15 right now. I don't know if any of that helped, but I hope it did. They are supposed to arrive in the Philippines tomorrow and I will try to get more information as soon as possible.


I believe they came here with a VISA. I apologize for posting without knowing the full information, sorry if I am wasting anyones time. He was like my brother so I am trying to do anything to help. I was thinking the same thing about the lawyer, I really hope he gave them good advice. I remember my friend telling me that they kept getting extensions to stay here, but this last time the extension was not granted.

I'm not a lawyer and your friend should really consult a lawyer but I think your friend's parents may have been here with permission (with or without a visa, yes there is a gray area between undocumented and documented). I really can't say without knowing the circumstances. Did they consult a lawyer?

Either way, your friend is out of luck. He is over 21 and will not fall under his family's petition. He will have to wait several years to join his family again, if they are able to return. Even then, he will not get a tourist visa or student visa of any kind because USCIS does not give people who grew up here as children and/or have family here visas because they think they will overstay their visa. My advice for him is to get a nursing degree and try to immigrate here if he does not have a 10 year ban. It will be a lot faster than waiting for his family based petition.

I admire you for trying so hard to find a way for your friend. As everybody before me has said, it doesn't look like there is one, but you never know. Please get him in touch with a good lawyer, and good luck.

They do have a lawyer, and I appreciate your guys' responses. I know you guys are not lawyers, but your responses are still helpful. I will hopefully get in touch with my friend within a couple days and give you guys an update. Any other insight would be appreciated.

Sorry to hear about your friend but unfortunately, there is very little you or anyone can do for him since he left the country. The DREAM Act, in its current form, does not include any provision to grant legal status to children who've grown up here but left before the law was passed. The issue is too contentious in itself and I fear that this provision will be a deal breaker if it is included.

It seems that your friend's parents didn't have legal status, i.e. a green card, but at some point they had an employment authorization card. An employment authorization card (EAD) is just a card that grants a person the right to work temporarily. This card is usually granted if the person has applied for legal status and is awaiting the processing of their application. The EAD is only granted temporarily and has an expiration date after which they person is no longer legally authorized to work. More than likely, your friend and/or his family obtained their Social Security cards and driver's licenses when they obtained their EADs. The EAD permits a person to obtain a SS card and many states also grant driver's licenses to people who have EADs.

Nevertheless, the EAD doesn't legally permit a person to stay indefinitely. Its a temporary measure. It seems that your friend's family weren't able to obtain a green card, which confers the permanent right to live and work in the United States.

Your friend's parents are obtaining their green cards through a process called consular processing. Normally, any immigrants who are seeking to obtain immigration visas and/or green cards must apply from their own country to the U.S. consulate of their country. That is what your friend's parents are doing. If all goes well, then the parents will obtain their green cards and be able to immigrate to the United States.

Unfortunately, if your friend was undocumented for more than a year after his 18th birthday, then he is subject to a 10 year ban upon leaving the U.S.
The ban is cruel and completely arbitrary but that is the fault of the immigration system. Very few Americans know about the archaic and arbitrary nature of our current immigration system yet all immigrants have to deal with this at some point in their efforts to immigrate to the U.S.

I would recommend that your friend obtain his nursing degree in the Philippines and then obtain a Master's degree or its equivalent. There is a chronic shortage of health care professionals in the United States and immigration law recognizes this fact. A good lawyer may be able to waive the 10 year ban if your friend can find a employer willing to sponsor him, such as a hospital or clinic. The lawyer can claim that your friend's health care skills far outweigh any benefits that the 10 year ban would provide. The case is especially stronger if the sole reason for that 10 year ban is because of unlawful status and not due to any criminal or insurrection activity.

Wow, very informative. As soon as he gets internet I am going to refer him to this thread. What would happen if he was to marry a U.S Citizen? Would that waive the 10 year ban if it was to be placed? Would his wife be able to sponsor/petition for him?

His wife can certainly petition for him but it will still be immensely difficult to obtain a waiver of the 10-year ban. The reason is that the marriage would occur after your friend had left the U.S. as unmarried. The immigration agency, USCIS, would find it hard to believe that the wife was now facing "extreme hardship" just because her husband isn't with her when in fact he wasn't with her ever, namely they weren't married before.

Judging by the responses, it would have been best if my friend would have just waited here in America. I wish I would have posted this earlier, I am killing myself over this. Stupid me thought their lawyer would know most of this information. Who knows, maybe he might, and I might be providing misleading information, which I pray I am. Any forums that discuss how he might be able to come back unlawfully? Or am I just getting carried away?

Calipalya209

I just reread your post and you stated that your friend's work authorization card expired this month correct? So is it correct to assume that he wasn't really here illegally? its just that his work authorization expired and he wasn't able to obtain a green card, so he really didn't have unlawful presence in this country since he left before his EAD expired? Idk if this makes a difference, I don't even know if what i wrote makes any sense... but if he wasn't in the state illegally he wouldn't have acquired the 10 year ban..

i just want to say. lane, i love you. want to merry me?