Legal Question in Immigration Law in New York
Hi. My family and I have been living in the U.S. for over 14 years, illegally. We came into the country legally through visa's and applied to get permanent residency before expiration of our visas. Unfortunately, the lawyer we hired took advantage of us and simply stole our money and left us waiting in the dark. Because of our mistake in trusting such a lawyer, we are in our current situation. We want to become permanent residents here and live out the American Dream. However, because of our current illegal status (of overstaying our visas), I'm afraid that we won't be able to achieve such a dream. My father has had a temporary working visa (along with a social security number) till three years ago, which expired after he was replaced in his past job. We've owned a home in the past, have credit cards/history, pay our taxes yearly, have several bank accounts, and the rest of the family (4 others) have tax payer I.D's. I attend college (in hopes of becoming a Registered Nurse..one day) and my two siblings are attending high school.
My father has started a Boxing business and has real hopes of developing it to national level. He has one student in particular that will bring him to Olympic level. However, this will take some time to achieve. I wanted to know if he could self-petition himself for legal status through O-1A visa or EB1 visa? (Then later petition the family through O-3?) Perhaps there's something else that we can do that would better give us the chance of changing our status. Is my father eligible for the O-1A visa or EB1 visa, even though he's living illegally in the U.S? And would his application through immigrations services put the rest of the family in danger of deportation?
Also, I am 19 years old and have met my "soul mate", whom luckily is a U.S citizen. We want to get married eventually, but we fear that once we get married and start to file my immigration papers, that it would put the risk of deportation upon my family. If they have yet to become legal residents/obtain change of status prior to my marriage, then are they put at risk of being forced out of the country, or facing other issues that would put them in danger of deportation? Also, if my family and I become issued with deportation, can I still be able to stay in the U.S. if I immediately marry my mate, and help my family stay as well?
I have so many fears of being deported and not getting to live my dream of living in America as well as not helping my family achieve their dreams. We are law-abiding, hard working people and love America and appreciate all it's wonders that no other place can provide. I am just afraid that we won't ever be able to lead successful lives here. Please respond a.s.a.p and with appropriate, good advice. We will hire a lawyer once we know what we need to do.
Thank you and warmest regards.
---A soul in need
2 Answers from Attorneys
Because of illegal presence, your father will not be able to adjust status not through EB-1 or any other employment category. It seems that his only hope is an immigration reform (if it will ever happen).
Yes, your father and the rest of family are deportable if apprehended by ICE.
As to yourself, yes, you should be able to adjust status to that of a lawful permanent resident after marriage to a US citizen. Provided that you came to USA legally on a visa (and have saved a proof of legal entry and inspection), you are not in removal (deportation) proceedings and your husband can sponsor you.
I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.
Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
Because of the fact that you father is in the United Sates illegally for so many years, he would not be able to obtain change of his status without leaving the country. The only way will be possibly through what's called counselar processing - process that is very difficult, expenses and has slight chances of success, though possible sometimes. If your father is put into deportation proceedings, then he might be entitled to cancellation of removal based on the fact that he is in USA for over 10 years.
The other option to explore is to check what petition exactly your former lawyer filed on behalf of your family. There are certain petitions that if filed prior to April 2001, can give an aopportunity today to adjust status.
As to youe personal situation - if you entered USA legally, then you can obtain green card based on a marriage to a US Citizen.
Lastly, there are many ifs that need to be evaluated and reviewed in your case in order to give a comprehensive answer. You should contact an immigration lawyer to explore all these options (and possibly some other) mentioned above.
You can contact our firm if you need further assistance or have questions.
Good luck!
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