Me and my wife we both came to US on B1/B2 visa almost 6 years ago and now we are out of status since last 5 and half years but we have have 2 kids they both born here and they are US citizens and they are going to school but they are 5 and 4 years old is there anyway we can get legal status here or is there any any any way we can work here legally or if immigration reform comes in coming months then we will be entitled for that or anything possible for us to get legal status here please advise me thank you all of you lawyers.
Based upon the information provided, you do not appear eligible for any non-immigrant or immigrant status.
As for whether you would be entitled to benefits under the proposed immigration reform, I cannot answer. There has been no reform passed and it is unclear what benefits individuals present in the U.S. without status may be able to seek.
When either child reaches 21 years they can petition for you. Absent exceptional circumstances beyond your control or a change in country conditions you cannot apply for asylum - although you could apply for withholding of removal (assuming you have a fear of returning to your country). You have not been here long enough to qualify for Cancellation of Removal or relief under Section 245i.
There is no present law that would allow you to work legally. If reform comes - and we all hope it does - we will know whether you benefit once we have had the chance to review the specifics of the law. Good luck and stay abreast of the news.
Get free answers from experienced attorneys.
20,183 answers this week
2,339 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary