What are my options for my little brother?

Hi,

My DACA application recently got approved and I have never been happier. Although I later found out that I cannot even accept the green card sponsorship from my employer, I am still in a much better position than before so I am definitely grateful.

Now I am worried about my little brother who is in the same situation as me. He is currently in high school, but will be going to college in three years. He can certainly apply for DACA, but I do not want him to be stuck with it in the sense that he cannot get permanent status through other methods. I had read something online about once an individual turns 18 years old, they can go back to their country of origin within a certain time frame and adjust their status, but I can't find any other information about it. I feel like that would be the best thing for him to do, but I also do not know how long that process is going to take. At this point, I just want to know what his options are, and am hoping that someone can give me good advice. I am definitely going to see an immigration attorney for him, but I want to be a little prepared so I know what questions to ask.

We also came to the States legally, but became out of status because our attorney at the time screwed us over. Thank you guys for your help in advance. Hope all your dreams come true!

Sunny

No, your brother should apply for DACA! It would allow him at least to not accrue unlawful presence should he turn 18 years of age and still have DACA around. There are also many benefits to having a work permit such as having an ID and being allowed to work, filling out FAFSA and maybe even gain in-state tuition. I think it would be too risky try to gain a benefit from embassy and his education here would be uninterrupted

He could go back, and try to gain a US visa, but people who have tried only found out the US embassy in question do not trust them to give a visa again.This is because of past immigration violations whether entering the country illegally or overstaying a prior visa.

Employment sponsorship would only be possible if the applicant[currently unlawfully present] would require 245i and a Department of Labor cert. approved before it could be possible.

There are so many different situations that it can be different for just about anybody but...

DACA application and adjusting status and getting a green card later on in life are different things. If your brother is currently illegal and he's not trying to adjust status through an old law... by all means have him apply for DACA ASAP. This will prevent him from getting deported unless he commits a very serious crime.

Now for adjusting status... unless you qualify for older laws that enable you to get a green card through work or some other way, the only real way to get a green card right now is to marry a US citizen. If you came with a B-2 visa, you can get a green card fairly quickly going that route. If you came without a visa, things are indeed a little different and you might have to go back to your country and wait for your green card there.

As far as i know, it doesn't say anywhere if you get DACA, you can't get a green card later on. That's simply not true, we are just limited in how we can proceed to getting a green card. Like i said before, marriage is one of the very few ways.

Immigration law changes all the time so i would research a lawyer in your area that's trusted to get more info and details about your own case.