Legal Question in Immigration Law in Massachusetts

I have been in the US since 2001. I have had 3 J1 visas and and an H1B that was renewed. It expires in October. I cannot apply for another visa or for residence because I am not working any more in the school I used to. (I am currently not employed, just working here and there, private tutoring and with holistic therapies)

I have a son who just turned 5. I would like to know what I need to do if I want to stay in this country.

I am from Argentina, but I would not like to go back, because I don't want to put my son in my country's school system. Here he has several options, including homeschooling (which is what I am planning to do for this year, because I am a teacher and enjoy traveling). However, if I was in Argentina, homeschooling is not legal! I would be forced to put my son in a school system I do not agree with (or go to jail). He is an American citizen and -as a mom and a teacher- I believe he has a right to be educated in his own country. What do you suggest I do?Thanks Maria


Asked on 6/16/10, 6:41 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Maria,

Unfortunately, you can't stay in USA just because your 5-year old son is a US citizen and you want for him to be educated in America. When your son turns 21, then he can petition for your residency. Until then, you will need to find some other legal avenue to apply for permanent residency (e.g. through an employer, a US citizen husband, other relative, etc) or for any long-term non-immigrant visa.

All the best,

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Answered on 6/16/10, 10:04 am


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