Legal Question in Immigration Law in New York

I came to the US on a J-1 Visa in June 2001, got my social security card and NY State ID which has now expired. overstayed my welcome became pregnant in April 2002, married my husband in 2004 legitimately. we now have 2 children and another on the way and we will be married in April for 7 years. I have been with the same company since 2006. I am now looking to get my papers in order as I am out of status according to an FBI friend of mine. what are my options and my risk of being deported back to SA.


Asked on 1/07/11, 8:44 am

4 Answers from Attorneys
Shahla Khan Law Office of Shahla Khan PLLC

You need to consult an immigration attorney to explore your options.

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Answered on 1/12/11, 8:57 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Depending on whether your husband is a U.S.Citizen, and whether you have 2 years home requirement in your J-1 visa, you might be able to apply for adjustment of status (to get a green card). You need to consult an immigration lawyer to find out exactly what your options are.

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Answered on 1/12/11, 9:04 am
Dianne Brooks The Mandel Law Firm

Your problem is that on a J-1 visa you likely had a requirement that you return for 2 years. This is a requirement that can sometimes be waived but requires an application. You may very well have to return to SA to fix your status but your situation is complicated. I am based in New York City and if you would like a free consultation, in my office, give me a call at (646) 430 9384 x101.

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Answered on 1/12/11, 9:05 am
Nicklaus Misiti Misiti Global, PLLC.

J1 can sometimes subject you a 2 year residency requirement, however, there is a waiver for this. You need to speak with an attorney. You can call my office at 212 537 4407 or go to my website www.misitiglobal.com and fill in the form. Good luck.

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Answered on 1/12/11, 9:23 am


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