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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28062
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am trying to get a lady into College. She missed the DACA

Customer Question

I am trying to get a young lady into College. She missed the DACA deadline by 2 months, and I have been informed by friends at Hodges University that there is no wiggle room in the law, and that I should get an immigration lawyer ASAP and get her status changed. Her father is facing deportation after a DUI, her mother does not work, and she is an honor student with a 4.5+ GPA, outstanding community service, JROTC, National Honor Society 3 years, Committee for RELAY FOR LIFE. I am willing to sponsor her in any capacity. How do I go about helping her? She is 17 and came to the US on a Tourist Visa at age 13. She is afraid that if she tries to change her status that they will deport her with her father (parents also undocumented, her Dad does pressure cleaning and supports the family, has been in US 15 years). Do you have any other recommendations besides marriage and/or pregnancy? My Congressman is very approachable and proactive (also up for re-election), is there anything her could do?
Submitted: 29 days ago.
Category: Immigration Law
Expert:  Judith replied 29 days ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

She is not eligible to change status because she is out of status so that is not an option.

Since she is under the age of 18 she has not accrued any unlawful presence towards a bar to being issued a visa in her country at the US embassy. But that is not going to be likely with her parents in the US illegally or being deported.

There is no wiggle room here. If DACA is not an option neither is a change of status to student status.

She would have to leave the US and apply for a visa to come back as a student and that is very very unlikely given she has been here so long illegally.

Your Congressman can only do one thing and that is to introduce a Special Private Bill to have permanent resident status given to this person. Here is a link to one such case

So if your Congressman is proactive, that is what he can do.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 28 days ago.

I went to the Congressman's office today and was advised to take over custodial responsibility and use my address for Alexa and her family is willing to do whatever it takes. She is to apply for DACA and when/if she gets denied at least there is a case number ***** the Congressman to work with for "Private Bill" or other avenues he may have. Also advised sending all letters of recommendation/accommodation for her and full scholarship to Hodges if she can obtain legal status to DACA with the application. What am I missing? Is there anything else you could advise?

Expert:  Judith replied 28 days ago.

The Congressman does not want to submit a private bill until it can be proven that she has tried and failed all other options.

So that makes sense.

Just keep in mind the law is the law and if she does not meet the criteria for DACA there is no room for discretion so 1000 recommendation letters will not help. You can send them but they will not count for anything if she does not meet the criteria in the law.

Good luck and let me know what happens. It seems she is a fine young lady who deserves to have the ability to achieve her goals and aspirations. You are a good person to want to help her become a success.


Customer: replied 28 days ago.

Do I have any chance to pull this off? 850 in deportation get citizenship because of a "computer glitch" and I shouldn't have hope? She meets everything for DACA, except for 8 stupid weeks, that's all that stands in her way is 8 stupid weeks. It takes Congress that long to decide it's time for a coffee break :)

Expert:  Judith replied 28 days ago.

8 "stupid" weeks is failing to meet the criteria of the law. There is no discretion in the law. But you have to try since that is what the Congressman's office told you to do so they could move forward with any help.

That 850 was a glitch. Electronic record keeping has improved since that happened.

I am signing off for the night. It has been a long day for me.


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