Unless you can prove (through your parents ) that you were lawfully admitted into the US, you will have to leave the country and consular process for an immigrant visa at the US Consulate general in your country of birth/nationality. Your husband will have to file for an extreme and highly unusual waiver on your behalf.
The partial good news is that those waivers will now soon be able to be filed in the US (starting in March) , be approved, and you will then leave with the approval in your hand. This will supposedly eliminate most of the uncertainty of traveling to a US consulate abroad for individuals in your situation.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleague, you will need to consular process your green card since you were never lawfully admitted. However, once you leave the country you will likely trigger the 10 year bar since you have probably accrued more than 1 year of unlawful presence in the United States. To avoid this bar and getting stuck in your home country you will need to file an I-601 waiver demonstrating that your husband and/or your children will suffer extremely unusual and exceptional hardship. This is a very complicated process and I recommend you get an attorney to assess you eligibility for the waiver and to prepare it for you.
As my colleague stated there is good news regarding the processing of the waiver; so if you are granted the waiver your stay abroad may be shorter than it would have been without the new regulation. Good Luck!
Otis C. Landerholm, Esq
I agree with my colleagues. Unless someone had filed a valid petition for you before April 30, 2001you will have to go to your consulate to get the visa. The good news is that now you can obtain a provisional waiver for the illegal presence within the United States. You should definitely consult an immigration lawyer to review the merits of your case.