I came from Canada undocumented in 1991. I have a Canadian born and an American born who is 23 years old. Can she petition for me to get my green card?
Generally, if a foreign national entered the U.S. unlawfully and without inspection, he/she is ineligible to apply for adjustment of status in the U.S., and instead must go outside the U.S. and "consular process." If the foreign has remained unlawfully presenting in the U.S. for more than a year, however, he/she may be subject to a very harsh 10-year bar to re-entering. A statute known as "Section 245(i)" provides an exception for certain foreign nationals who entered the U.S. unlawfully (or otherwise violated certain immigration rules). Among the requirements for 245(i) eligibility are that the foreign national must have been physically present in the U.S. on December 21, 2000 (or, in some circumstances, on January 14, 1998), and must have had an immigration filed for him/her on or before April 30, 2001. There really is no substitute for you and your U.S. Citizen 23-year-old child to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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