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I will be eligible or not ? Or there is any other way ?

Bayonne, NJ |

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.

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Attorney answers 8


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.


Unfortunately, I do not see what options might be available to you given that you're out of status and your children wouldn't be able to petition for you until they're 21.

Whether immigration reform might benefit you remains to be seen since we don't know what it will bring.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.


You will have to wait and see what happens with the proposed reform.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


Only if you have a qualifying petitioner and qualify for 245(i).

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleagues

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


Based on the facts you recited, you probably dont have a way to fix your immigration status at this point. It wouldnt hurt to talk to an attorney to see if there are any other possibilities for you.


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.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


You may be eligible for immigration reform,. Hopefully we will know better soon.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.