can he get helped?

Question

Can a immigrant child who lived his entire life in the USA file for a Visa in their country after being deported back to his country? After all they didn't decide to come to the the United States that was a decision made by their parents!!!

This person was brought to the United States 15 years ago by his parents, he is 20 now and is trying to find a way to possibly gain residency. he hasn't been deported but i was talking to him and he says that he rather return to Mexico and find a way to possibly gain a visa, but he is afraid that being here for so long will affect his chances. This kid is a great kid he graduated from high school and has been attending college for the last four semesters, he has no kind of criminal record what so ever...


sorry if i wasn't clear before...

Answer 1

You are correct in your assertion - time spent illegally in the United States as a minor does not count against the individual. If the individual left the US while still a minor, then the illegal status at that time, in and of itself, would not be considered derogatory. However, there may very well still be other, associated issues that would prevent the individual from receiving a visa - you have not provided enough details.

EDIT: Based on your new information, your friend has been accruing unlawful presence in the US for two years, which has major legal consequences. Again, there may be other issues you are not aware of - I suggest that your friend consult with a knowledgeable immigration attorney.

Answer 2

if i understand correctly ? he was deported from the US :
here is what the law says :
Deportation from the United States


Deportation
Deportation is the legal act of removing an alien from the United States after he/she has been found removable for infringing the immigration laws. Deportation is ordered by an immigration judge without any kind of punishment.


When an individual is deported, they are essentially being forced to leave against their will. They do not have a choice as to whether they can remain in the United States. Generally, the USCIS (the department that used to be known as the INS) issue deportation orders because the individual has somehow broken the law. In 1996, a law was introduced that allowed those who were not citizens in the U.S. and that received a jail sentence for a year or longer to be deported. It does not matter if the sentence was later suspended. They can be deported for something minor that ranges from petty theft to something more serious like murder. To make matters worse an individual can be deported even if they committed the crime in the past. While there is the possibility of appealing the orders of deportation, the odds are against them. After 9/11, the United States government has taken a more active stance on terrorism. In the process of doing this, the U.S. government has aggressively sought out illegal immigrants, permanent residents, and others who are not citizens of the United States with some type of criminal activity for deportation purposes. Supporters argue that these individuals along with others that could pose a threat to national security and public safety should continue to be shipped out of the country. Those against these types of deportation measures argue that because the law is retroactive it is unfair. They believe that some individuals that may have had problems with the law in the past may now be law abiding individuals. Since some of law breaking individuals may have turned their life around, some argue that they should be given special consideration - especially if the crime occurred years ago.go read the rest here :
http://www.usimmigrationsupport.org/deportation.html

Illegal Immigration:
http://www.usimmigrationsupport.org/illegal_immigration.html

Important :Voluntary Departure
A foreigner departs voluntarily from the United States without an order of removal with or without a preceding hearing before an immigration judge. A foreigner who departs voluntarily admits removability but he/she is not barred from seeking admission at a port-of-entry at any time.
# However, failure to depart, if removable, can result in a fine and a ten-year ban to several forms of relief from deportation.#
:-(

Answer 3

The child probably has a ten year ban on returning to the United States.

Answer 4

Time spent illegally in the US until the age of 18 does not count, but if your friend is now 20, he has accumulated 2 years of illegal presence that does indeed count against him.

Unless there is an American citizen spouse or parent who can petition for him in an Immediate Relative cagetory, he will not be able to stay in (or return to) the US legally.