I was detained and returned as a minor, can I fix my status?

Immigration 6 views 5 answers
I am eligible for DACA. I was here before 2007. graduated etc... But I was detained trying to cross the border when I was ten years old...of course not on my own will... I was detained and sent to a foster care home for about a week until my parents picked me up...eventually I made it to the US I am now married to a US citizen and am the mother of a US citizen child. Can I become a resident?

Attorney Answers

5
Anna Moreas ·
Your facts present a complex immigration situation. You should schedule a consultation with an immigration attorney directly to discuss your options.
0 upvotes
Stacy Ehrisman ·
It would be best to consult with an immigration attorney. It seems that your detention will have little to no impact on your eligibility for DACA. However, the question of residency is more complicated. An attorney can do a background check to find out exactly what happened (the legal consequences) when you were 10. Once it is clear what happened, you may qualify for a 601A waiver to become a resident.
0 upvotes
John Khosravi ·
I recommend having a consultation with an immigration attorney to review your background to be able to give you a proper answer.
0 upvotes
Shawn SedaghatImmigration AttorneyLos Angeles, CA ·
As the other attorneys here have indicated, the answer could be "yes". "no" and :may be" depending on a lot of facts which you have not indicated here. Generally re-entry after removal or deportation could subject you to what is known as expedited removal when you present yourself, or are discovered by, the immigration authorities However, there are many situations where your re-entry may not be so detrimental to your situation. My suggestion also is to seek competent legal counsel to consult with. Good Luck
0 upvotes
Nasir Khan ·
Based on your marriage to a US citizen, you may be eligible to adjust your status and obtain residency, but that largely depends on your most recent entry into the United States. If your last entry into the county was lawful, the chances of getting residency are excellent. If not, then the situation becomes a bit more complex, but the fact that you're eligible for DACA status helps greatly, and may provide alternate routes to residency. For more, I would encourage you to discuss your situation with an attorney experienced in Immigration law. It sounds like there's hope, though, from the facts you've presented.
0 upvotes

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