QUESTION

There's a chance to get some kind of visa for an out of status person?

Asked on Dec 29th, 2013 on Immigration - Connecticut
More details to this question:
I have been here for more than 10 years. Came with J1 visa and overstayed. Have two American citizen kids. Just wanted to know if there's a way to get some kind of visa for me to work legally and travel.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you have a J-1 visa with a binding two-year foreign residence requirement, you would have to satisfy or waive the two-year home residence requirement prior to immigrating to the States. That being done, either of your children could sponsor you for permanent residence once they reach the age of 21. You can also apply for adjustment of status if married to a US citizen in a bona fide marriage. Otherwise you may wish to see what happens in Washington with the discussions on comprehensive immigration reform prior to trying to take any steps associated with cancellation of removal before an immigration court which requires 10 years residence, good moral character, and a showing of exceptional and extremely unusual hardship to your children if you cannot stay.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 Jan 26th, 2014 at 10:50 AM

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