immigration, overstayed on a visitors visa is it possible to file for residency or citizenship

immigration: hello, i have been here for almost 14 yrs now with my family.. we came here with a visitors visa, and have stayed since.. my mom, since we have been here has had 2 children, so that makes them legal residents. We have been good citizens, paid taxes and everything else you can think off. With our situation, do we have any chance of filing for residency???
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my uncle married an american citizen, and has already recieved his residency.. can that by any chance help us out??
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Answers (3)

Stuart Jonas Reich

Stuart Jonas Reich

Contributor Level 7
As always, these issues are complicated, and there is no way to know for sure what options you may have without speaking with a qualified immigration lawyer. I can only go into some of the things that might impact you.

First, since you all entered legally (assuming that you all can prove this with the I-94 cards issued upon entry), any adult in the family - your mother if not currently married, you if your are over 18 - can obtain permanent residence based on marriage to a U.S. citizen. This assumes nothing else prevents adjustment of status (no criminal, financial, health etc reason to prevent it).

Next, if someone in your family had begun the process of filing for permanent residence before April 30, 2001 - even if this process was never completed - that person might still be able to get a green card here based on a new case, sponsored by an employer or other citizen or permanent resident adult family member, assuming that the pre-April 30 2001 case was approvable at the time it was filed. Cases filed before that date are eligible for a penalty provision that would let the person just pay a fine and still be able to get a green card in the U.S. without leaving. Again, the case would need to have been approvable when filed, and there still would need to be an approvable new case to use to get the green card.

There may be other unique circumstances the would make available to certain family members some form of immigration relief, but again this would need to be examined by an immigration lawyer.

You may have heard of something called the DREAM Act, not an actual law but a proposed law which would allow people brought to the U.S. as children and raised here a path to becoming legal in some circumstances. This has been introduced in congress for many years in some form, and even though it helps young children who have never made a conscious decision to violate U.S. immigration laws it still hasn't passed yet. If you are still under 18, keep watching for news of the DREAM Act (or set up a Google alert); this might help you.

I still think you and your family should consult an imigration lawyer to review all of the possibilities that might be available.

I wish you the best!
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Nikki Mehrpoo Jacobson

Nikki Mehrpoo Jacobson Avvo Pro

Contributor Level 4
Do not file anything until you have had a detailed consultation with an experienced immigration attorney in your area. You can always go to http://www.usdoj.gov/eoir/probono/states.htm to find an attorney.

Nikki Mehrpoo Jacobson
www.greencard4you.com
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Naresh M Gehi

Naresh M Gehi

Contributor Level 3
You have indicated that you have been living continously for 14 years. You can consider cancellation of removal from the US under Section 240 if you have been here for more than 10 years. However, please note that in order for you to be granted cancellation of removal, you have to prove that there will be extreme, exceptional and unusual hardhsip to your US citizen children. In essence, proving this is a difficult burden and therefore it would be in your best interest to speak to a good attorney. Thank you.

Naresh M. Gehi, Esq.
www.nareshgehi.com
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