I recently received my degree and license in physical therapy assistance but I have been out of status for 11 years and do not have a work permit. I came her legally though. Do you think an employer can sponsor me for work authorization or adjustment of status, so that I can be useful? I live, but not married with the father of my children who is a permanent resident.
If you are out of status you cannot adjust in the U.S. Therefore likely the petition through an employer will not result in residence. An exception is if you were the beneficiary of a petition prior to April 20, 2001.
No, you cannot obtain legal status through employment in your situation. The only way to would be for the father of your children to become a U.S. citizen and marry you. You would then be eligible to apply for adjustment of status based on a visa petition by your husband.
If you have been out of status since 2000, you cannot get any nonimmigrant visa classification. You will not qualify for permanent residence from an employer either unless you are grandfathered for section 245(i). If you marry a US citizen, then you can get your permanent residence without needing a waiver or section 245(i).
Asking about employer sponsorship is premature, since the first issue to be addressed is the consequence of your years of unlawful presence in the U.S. When a person is in the U.S. without valid immigration status, in order to apply to adjust status (to apply to become a Lawful Permanent Resident or get a "Green Card"), or even to apply to change status (to apply to get a different non-immigrant status), that person must go outside of the country to "consular process." Under current immigration laws, someone who has been unlawfully present in the U.S. for more than a year, however, will be subject to a very harsh 10-year bar to re-entering the U.S. In relatively rare circumstances, one may apply for a waiver of the 10-year bar. To succeed, generally one must establish exceptional hardship to a U.S. citizen spouse or parent.
As a general rule a foreign nationals who violates his/her immigration status cannot change or adjust status. One exception would be one who is married to a citizen of the United States.
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