QUESTION
How do I get a visa or work permit if I entered the country illegally?
Asked on Jun 29th, 2011 on Immigration - California
More details to this question:
Can my brother petition for me? My brother is about to become a citizen, is it possible for me to get a visa or get the work permit at least? I'm 20 years old. I've been here for 6 years, but I entered the country illegally... what options do I have? please help!
3 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If you are in the U.S. without status there are very few manners to regularize. If you entered legally and you marry a U.S. citizen that will lead to residence. If you filed a petition or were the beneficiary of a petition filed before April 30, 2001, you might be able to regularize. Otherwise you may have to wait for a change in the law. I would suggest telling every permanent resident or U.S. citizen to contact their Congressman and Senator to tell them to support humane immigration reform. The laws are too mean spirited right now. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect.
Answered on Jul 19th, 2011 at 3:46 PM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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Because you entered illegally, this really minimizes the options you have under current law. Check to see if you are eligible under 245i or under the U visa law. Because of how you entered, you can't otherwise apply for a green card in the US.
Answered on Jul 12th, 2011 at 11:02 AM
You generally cannot obtain lawful status if you entered the country without a visa. You would have to leave the U.S., apply for a visa, and return on that visa to become legal. However, your past unlawful presence would bar you for 10 years from being granted any visa IF you leave the United States. You appear too young to qualify under any circumstance through your brother once he becomes a citizen without leaving the U.S. You should consult with an immigration attorney who has to examine the circumstances of your case and potential exceptions to get a definite answer.
Answered on Jul 11th, 2011 at 11:45 AM