What to do-Student Visa??

[wert]

Florida
My nephew came to visit from Brazil on a six month visa. He decided to go to high school while in the US visiting us and has finished a year and a half, with about the same to go to graduate high school. Of course, now his Visa has expired. I should probably add that my wife is from Brazil but is a legal US citizen now-I was born in the US.
How, if I can, can I help him get 'legal' so that he might be able to get a driver's license here and in case he decides to go to college here? He is making really good grades and could probably luck into some scholarships if he was legal when he graduates.

 

[phwl]

First thing you should know is that since he overstayed his visitors visa: by more than 180 days, he will be barred from re-entering the US for 3 years once he leaves. If he overstayed by a year, then he will be barred for 10 years.

For information pertaining to permanent residency, take a look at the following official BCIS webpage:
"http://uscis.gov/graphics/howdoi/LPReligibility.htm"

 

[wert]

So you are saying that my nephew is screwed?
I suppose the laws are fair and have to be in place. It just seems a shame when he is only 16 and has such a future here.

 

[phwl]

Not a whole lot of options. If he has a parent that is currently in the US filing for their own status adjustment, he would be able to file for himself concurrently. Or if he was being adopted, that would be another way. Lastly, he could wait until he gets married....and that would have to be with a US citizen or LPR.