Immigration Issue in Texas

Misstavera · Post by **Misstavera** » 29 Nov 2010, 19:21

I have a friend that is 18 years old at the moment. She is an Italian citizen that came into America on a visiting visa at the age of 14. She finished her high school in Texas and now she is in her 2nd year in college. The thing is she was supposed to get adopted but that did not work out in her favor. She is in school to become a pharmacist. Question now is how can she get her status legalized and keep going to school. Is there an Italian community that can help her out with this problem or is there any way out? I really care about her and she is a very smart young lady, she seems to be getting depressed with the situation that i'm sometimes scared of what goes on in her mind. Please help!!!!

johnnyonthespot · Post by **johnnyonthespot** » 29 Nov 2010, 19:39

She should contact an immigration lawyer; I am sure there are many in Texas, especially if she is located anywhere near the Mexican border.

Having said that, it seems to me that I have read the first requirement for getting legalized is that the person must first leave the US and then pursue legal entry.

Is the Italian consulate aware of her presence in the US? They may be able to help her, or may be just as likely to insist that she leave the country immediately.

Frankly, I would not hold out much hope for a positive outcome. The US has a long history of favoring / putting up with illegals from a few countries (such as Mexico) while at the same time routinely sending others back to from whence they came - Britons, for example.

Student visa information: http://travel.state.gov/visa/temp/types/types_1268.html

Misstavera · Post by **Misstavera** » 29 Nov 2010, 19:44

when she came into the country she came from Nigeria...if she leaves will she be able to go to italy???

johnnyonthespot · Post by **johnnyonthespot** » 29 Nov 2010, 20:01

Misstavera wrote:when she came into the country she came from Nigeria...if she leaves will she be able to go to italy???

Is she an Italian citizen? Does she posess an Italian passport? If yes to both, then she can go to any European Union country, including Italy.

If she is an Italian citizen but does not have an Italian passport, she probably needs to contact her nearest Italian consulate (Houston: http://www.conshouston.esteri.it/Consolato_Houston ). Could get messy...

johnnyonthespot · Post by **johnnyonthespot** » 29 Nov 2010, 20:10

I should add that there may be legal issues involved which I am not able to address. She should if at all possible seek legal advice before doing anything at all as there may be a risk of a) being permanently barred from re-entering the US or b) charged with committing a crime under Italian law.

Honestly, I do not know. As I said, she should seek legal advice.

PeterTimber · Post by **PeterTimber** » 29 Nov 2010, 20:12

If she entered with an Italian Passport then she would go back to Italy.

She should go to the nearest sizeable Catholic church and ask the residents priest (s) for directions to a person, a social welfare agency that assist illegal immigrants etc etc and start to do her homework in obtaining an adjustment of status in the USA. She should inquire at the College where she attends for an advisor to help students obtain immigrant visas (formal and informal since I am sure there is Don Jose from Far Rockaway who knows all the ins and outs on campus)...In short she now has lots of homework to do! Stick with the Priests!!!!!!!!!

Of course she can always fall in love and marry which means paperwork and 3 years of immigration involvement (first investigation 18 months and then second investigation after another 18 months) for final immigrant visa. Whoever she speaks to she should say she is penniless and her family cannot really help much to avoid the scammers who will try to lure her one way or the other and be sure to not borrow any money under any circumstances or do "part time work". Just learn the ropes. A pharmacist here in NY earns 80,000 to 125,000 for starters and if she speaks spanish all the better. Consider coming up to NYC when she graduates. =Peter=

Whatever
Whazt\

jennabet · Post by **jennabet** » 29 Nov 2010, 20:50

If she entered the US from Nigeria, I doubt it was with an Italian passport. Many clandestine Nigerians live in Italy and eventually go back to Nigeria because they can't get legal status through a work or marriage visa. It sounds like she has an Italian father but she has not been recognized as Italian. If she is not currently legal in the USA, she would have to back to Nigeria and have her Italian citizenship recognized at her consulate before she could go back to Italy legally.

jennabet · Post by **jennabet** » 29 Nov 2010, 20:54

.......If she is an Italian citizen but does not have an Italian passport, she probably needs to contact her nearest Italian consulate (Houston.......

If she's not a legal resident of the USA, the Houston consulate can't help her. she needs to go back to Nigeria to apply for an Italian passport.

jennabet · Post by **jennabet** » 29 Nov 2010, 20:59

Illegal immigrants don't get to hang around in Italy like they do in the US. The Italian police make sure they leave the country. In Italy, everybody has a Carta d'Identita (ID card). If you don't have one, you're out.

PeterTimber · Post by **PeterTimber** » 29 Nov 2010, 21:09

Is this person attending a college or University??? If she came here as a visitor did she obtain an F-1 student visa or is she a pure and simple illegal alien with nothing to substantiate her stay in the USA....and by the way who is paying her tuition? Is she in High School? =Peter=

jennabet · Post by **jennabet** » 29 Nov 2010, 21:45

.......She is an Italian citizen that came into America on a visiting visa at the age of 14........

Proof that she did not enter the US with an Italian passport. All Italian passport holders are included in the US Visa Waiver program, meaning no visitor visa (letter of invitation) is necessary. Visa Waiver applies to all countries in the Schengen zone.

jennabet · Post by **jennabet** » 29 Nov 2010, 21:49

.........Is this person attending a college or University??? If she came here as a visitor did she obtain an F-1 student visa or is she a pure and simple illegal alien with nothing to substantiate her stay in the USA....and by the way who is paying her tuition? Is she in High School? =Peter=...........

She came as a visitor meaning a natural born US citizen or a naturalized US citizen invited her (probably a relative). She was 14 -- to young for an F-1 student visa. She overstayed her visitor's visa and was allowed to enroll in Texas schools (is anybody surprised).

jennabet · Post by **jennabet** » 30 Nov 2010, 01:06

........The US has a long history of favoring / putting up with illegals from a few countries (such as Mexico) while at the same time routinely sending others back to from wence they came - Britons, for example...........

Yep, the Brits do get sent back and/or not allowed to drive through the US on their way from Canada to Mexico.

Misstavera · Post by **Misstavera** » 30 Nov 2010, 02:25

She came in with a visa waiver and she entered with her Italian passport....

Misstavera · Post by **Misstavera** » 30 Nov 2010, 02:30

And to those concerned with how she pays her tuition.... she is really smart and got a scholarship from her school...

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