QUESTION
Can I apply for a green card if I'm in the US illegally but my children are US citizens?
Asked on Jun 08th, 2011 on Immigration - California
More details to this question:
I have been illegally in America for more than 10 years. I'm married to someone who is not a US Citizen and have 2 kids. They are American Citizens. Can I apply for green card?
5 ANSWERS
You cannot affirmatively apply for residency. However, if you were placed in removal proceedings, then you would qualify for Cancellation of Removal for Non Permanent Residents.
Answered on Jun 10th, 2011 at 10:37 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You can apply if you have 2 things (1) a basis for permanent residence; usually a USC spouse or USC adult child and (2) you are eligible to get permanent residence in the US; such as being grandfathered for 245(1) or eligible under section 245(a). It sounds like your children are minors and you are not eligible to get a green card in the US.
Answered on Jun 10th, 2011 at 9:45 AM
2 Awards
No. You cannot just apply. If you do, you will be placed in removal proceedings. A family member will need to sponsor you for permanent residence and you will need a waiver of your long period of being here unlawfully. You should consult with an immigration attorney.
Answered on Jun 10th, 2011 at 9:00 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You may be eligible for cancellation of removal. For details, please go to our website and pay $200 consultation fee for us to evaluate your chance.
Answered on Jun 09th, 2011 at 10:43 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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That depends on how you entered the US. If you entered legally, you may be able to qualify after your kids are 21 for sponsorship in the US. Unless you are eligible under 245(i) law or perhaps a U visa. Otherwise you would need to apply for the GC at your US consulate in your home country. When you leave the US, this will trigger a ten year bar to re-entering so that gets very tricky. Make an appointment with a competent immigration attorney in your area to fully go over every detail of your case.
Answered on Jun 09th, 2011 at 10:00 AM