More details to this question:
Our company was registered in 2015. We relocated to the US in 2018 (Husband, wife and then 12 year old son, now 18 and a senior in high school) We are out of status. Before we were due to file for an extension (2nd) of the visa, our lawyer said he could not assist us further with the process. (The firm never informed us that our company is not allowed to sponsor us a GC.) We contacted our local congressman whom in return referred us to various immigration attorneys. Nobody was able to assist us in such a short period of time. Hence, we are out of status. Our business has grown tremendously. We are a family run business and employ contract workers as needed. We survived Covid without any stimulus, pay our taxes and are law abiding. Our business contributes to the economy and does not ask for any handouts. Is there any way that we can become legal in this great country? ps: we no longer have any ties with our country of birth, South Africa.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You unfortunately appear to be stuck for now with your unlawful status. Even if you were able to sponsor yourselves through an EB-5 investment program, EB-1C multinational executive or manager petition, or even labor certification/I-140 petition with another employer, you would generally not be allowed to adjust status, and would find that upon leaving the US to interview for an immigrant visa, the 10 year bar against reentry for having an unlawful stay for one year or more in the US would apply to you. In your situation, probably the only way that the 10 year bar could be waived is if you have a US citizen or permanent resident parent and it would cause extreme hardship to him/her if your immigrant visa could not be approved (I-601A program). If your wife has such parents, she might possibly be the principal applicant for immigration if she can prove that denying her an immigrant visa would cause extreme hardship to her parents. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 06th, 2023 at 10:43 AM