Am I illegal? New legislation?

<p>I have a SSN, my I-94 says indefinite period of stay, I have the A number, I'll be going to college soon and have Financial aid. But my EAD card expired and my parents didn't apply for my green card but my mom will be applying for citizen soon.I came here on a plane. Also I heard there is a new plan or something for illegal aliens who came to US under 26 or 16?</p>

<p>You have to be legal</p>

<p>Calikid, I’m not sure where you are getting your information.</p>

<p>To the OP, where do you live? Some states have passed Dream Act like legislation that is specific to their state.</p>

<p>I live in NYC since i came in 2006</p>

<p>What’s your immigration status? Whether or not your Employment Authorization Document is valid should be irrelevant to your immigration status.</p>

<p>If your status hasn’t changed, you should be able to renew your EAD. No big deal.</p>

<p>By the way, if your parents can sponsor you for a green card, they should do that ASAP before you turn 21! Once you turn 21, your green card application will take much longer to process. </p>

<p>US authorities are currently processing green card applications that were filed in:</p>

<p>US citizen sponsoring child under 21: processed immediately
US permanent resident sponsoring child under 21: February 2010</p>

<p>US citizen sponsoring child over 21: July 2005
US permanent resident sponsoring child over 21: May 2004</p>

<p>IF Op is not a US citizen or permanent resident, s/he is not eligible for federal aid or NYS Aid (TAP). </p>

<p>While s/he will be eligible for in-state tuition at SUNY and in City tuition at CUNY, s/he will not be eligible to apply for opportunity programs; College discovery, seek, EOP, HEOP. However, there are some SUNY/CUNY programs where there is limited scholarship aid available for undocumented students.</p>

<p>What type of visa do you have? In your passport, there should be a visa, usually your I-94 is stapled right next to it. </p>

<p>Your mother should sponsor you for a green card, ASAP. Getting one can take several years, and lots of paperwork. The sooner you apply, the better.</p>

<p>BTW, the law didn’t change for people who came before 15 as undocumented immigrants. President Obama sent a memorandum to homeland security which suggest that people who were brought as children without documents and are under 30, attending 4 year college or serving in one of the branches of the military should not be deported. This doesn’t change their status, they are still undocumented immigrants, but they won’t be deported (at least until they are 30, or another memorandum is sent). It wasn’t even an executive order, the policy and immigration law has not changed.</p>

<p>I forgot to say: Once you find your visa in your passport check for the expiration date.</p>

<p>You should renew your EAD (I-765) immediately. You can download the I-765 form from the uscis web site. [USCIS</a> Home Page](<a href=“http://www.uscis.gov%5DUSCIS”>http://www.uscis.gov)
By regulation, renewal should not take longer than 90 days.
You can attend college but cannot work in the meantime.</p>

<p>You should also have your mother apply for a Green Card for you. I assume she is a permanent resident herself since she is applying for US citizenship. As Borlum stated it may take a few years to get processed but you should not delay it. You may have trouble traveling in and out of the country until your status is adjusted.</p>

<p>We onlookers are pretty blind here, not knowing OP’s current status (E2, H4, etc.), country of origin or other circumstances. Under typical circumstances, it would seem like a big mistake that the OP’s “… parents didn’t apply for my green card” and cellardweller would be right to recommend that OP’s mother apply ASAP.</p>

<p>OP, US immigration is very important and serious. You and your parents really need to be consulting an immigration attorney about the specifics of your situation, rather than seeking advice on CC.</p>

<p>

There are many instances in which the visa expiration date does not reflect the actual authorized length of stay. For example, F-1 students are legally present as long as they remain in valid student status. And immigrants may not get a visa foil at all! </p>

<p>If a non-citizen has changed their immigration status in the US, or is in the process of changing their immigration status, their visa foil may not match their legal status either. For example, visitors who applied for asylum, H-1B workers who applied for a green card, or F-1 students on OPT who applied for an H-1B work visa can legally stay (and often work) in the US until a decision has been made on their new visa, even if their old visa expires in the meantime.</p>

<p>I do agree that the OP should find out his current immigration status if he doesn’t already know it. However, there’s no need to panic (yet) if he finds an expired visa or no visa at all in his passport.</p>

<p>Adding to b@r!ium’s post, Canadian citizens are visa exempt, so they don’t get a visa in their passport at all, although they do need to get the appropriate status. On topics like immigration, unless there’s an immigration attorney on this thread, we’re all posting out of knowledge which is incomplete and may or may not be applicable to OP’s situation. OP needs to get professional advice.</p>

<p>Theres no expiration date on my passport. It says “Indefinite stay”. And I am on Asylum/ Refugee thing</p>

<p>Are you concerned about your status for any reason other than that your EAD card has expired? </p>

<p>As long as your asylum or refugee status is valid, you can simply apply for a new EAD card. EAD cards are rarely issued for more than 2 years at a time because they are meant to be temporary. Most people with EAD cards are in the process of becoming permanent residents.</p>

<p>b@r!um is right. As a refugee you get EAD temporary permits because they expect you the apply for a green card (permanent resident). Apply for a new EAD, and as soon as possible have your mother sponsor you for a green card.</p>

<p>Since you are a refugee, I don’t imagine there will be any problem with your funding. But, your prospective university should have an office of international students and scholars. Contact them with all your questions, and they will be better able to help you than this forum. Good luck!</p>