How can an immigrant student gain legalization?

UPDATED: Oct 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can an immigrant student gain legalization?

I know a child that has been here ever since she was 6 years old. Her parents brought her here illegally. She excels in school and doesn’t have any grades below an A. Is the anything that can be done for her, maybe applying for a student visa so she can gain legalization and go to college?

Asked on October 10, 2011 under Immigration Law, North Carolina


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on how old she is currently.  If  she was brought to the US unlawfully, under the current immigration laws, she cannot do anything within the US to legalize her status.  She would have to go back to her home country and try to obtain a valid visa.  However, if she is over the age of 18 and a half, as soon as she departs the US, she automatically triggers a 3 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse; if she is over the age of 19, that becomes a 10 year bar to reentry.  If she is still under the age of 18 and a half, and she has a valid basis to immigrate (through her parents, etc) or obtain a student visa, then she should go back to her home country and try to obtain a visa through lawful means and her unlawful presence within the US to date will not count against her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption