QUESTION
Can my employer be my sponsor them fix my status here or another way can my sponsor can help me?
Asked on Dec 07th, 2013 on Immigration - Texas
More details to this question:
I work for a contractor. My record is clean. I pay taxes every year and I have son who is an American citizen. I have a j1 visa that expired in 2005.
2 ANSWERS
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Since you are already out of status and have been unlawfully present in the US for more than 1 year, the best way for you to attain legal status is through marriage to a US citizen. Otherwise, you must return to your home country to apply for a visa and a waiver to return to the US.
Answered on Dec 11th, 2013 at 9:48 PM
This is unlikely. The reason is that you are likely now out of status as a J-1 visa holder. If your wife is a US citizen, then she may petition you. If not, when your son turns 21, you will be able to be petitioned you may adjust status unless you're subject to the two year resident requirements based upon your J-1 visa. I strongly recommend an appointment with a competent and experienced immigration attorney before mistakes are made and consequences results. Good luck.
Answered on Dec 11th, 2013 at 9:48 PM