More details to this question:
I came to the USA from Ecuador at age 14 and my visa expired about a year after, I have oversayed it by 11 years, I am married and have a child that is a us citizen, my husband came on a visitors visa, and had a visa and came and went to Mexico for most of his life but his visa expired in 2009 and he has overstayed it for 2 years now, now I have a sister that will become a us citizen within the next six months and is willing to sponsor us, and my husbands employer is willing too, now my question is, would we have to leave the country? Or can we stay after the papers are filed, how long would it take for us to get green cards, social security, or at least visas? Can we be sponsored by both of them or just one of them, and what would be the next step to take? Thanks!
1 ANSWER
You cannot adjust through your sister. You would have to leave the country and file for consular processing, plus you would need a waiver. To qualify for a waiver, in this case, your parents would have to be residents or US citizens. I think your best bet is to wait for your child to turn 21, or wait for some change in the law.
Answered on Jun 20th, 2011 at 2:57 PM