Legal Question in Immigration Law in California
Change of status
We have 14 years on USA, our way of arrival was by turist visa and now we are looking (well since the beginning) to became legal aliens, what would be the REAL and better way to do it? We have never have any problems with the law and we being doing our taxes through an ITIN number. We own our own company and we are making a really good income, we don't have anything on our contry of origin (MEXICO) and 2 out of our 3 kid's were born in MEXICO but brought here when they were having 3 and 1 year old with great record in school (athletic and academic), our youngest kid is only 9 years old and he was born here in USA, we also count with family here that became American Citizens (sister in law) and really close to became one (my father in law).
3 Answers from Attorneys
Re: Change of status
Since you came so long ago, you need to under current law anyway, have an immediate relative, probably your US citizen child once he turns 21 years old. Then you can adjust status. The only exception would be 245(i) adjustment of status, but you'd need a petition or labor certification filed before 4/30/01 for that.
Apart from that, you're looking to wait for comprehensive immigration reform.
If you provide me your contact information, I'll keep you informed in the event the law changes.
Sincerely,
Check me out at http://www.yardum-hunter.com or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
Re: Change of status
Your sister-in-law and father-in-law could each file a petition for you and family to reserve a space in the immigration process but there are no visa numbers available for people from Mexico in your categories (sibling or married son/daughter of U.S. citizen and their minor children) for at least 14 years, as of today. Also, the law as it is now means that when there are visa numbers in that future time, you'd have to go back to Mexico to receive final approval and could be barred from returning for 10 years due to your being illegal for all these years after the tourist visas expired. Unless, you had some kind of immigrant petition filed for you by another family member or employment-petition before April 30, 2001.
You're better off staying in the U.S. until the youngest child turn 21 and can petition for his parents and you two can get your papers here. He could petition for his siblings at that time but they would have to go back to Mexico to get their final papers so there is that 10-year bar again for them. In any case, your sister-in-law or father-in-law should file petitions for your family anyway at this point to get a priority number from this year, rather than later.
Larry L. Doan, Esq.
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: Change of status
This matter is complex and you should not try to do it yourself so you should get an attorney to discuus your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
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