Legal Question in Immigration Law in Ohio

I am a South African/Israeli citizen currently in the US on a B2 visa. I recently extended it till December 2009. I was previously in the US on a A2 5yr diplomatic visa. During this time I had twins with a US Citizen, actually a US Diplomat and then lived with him abroad for 6 months with our children. I returned to the US in January 09 on a B2 visa as the country where he was posted was unsuitable for children. Our children are US Citizens (in possession of US Diplomatic passports), my brother is a US Citizen (by marriage) and my Mother is a Permanent Resident (she will get her citizen in approx 1 yr).

My children's Father has departed to his new post in Africa and for personal reasons I refuse to accompany him. I receive full financial support from the Father and his family. I have no family in SA or Israel and SA is a very dangerous country to live in.

My question is whether there is any basis upon which I can apply for any kind of status?

Thank you.


Asked on 8/17/09, 11:42 am

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

You didn't state in your question if you're married to the father of your children. If not, then he cannot sponsor you. When you get married to him, then he can sponsor you and you can file for adjustment of status, receive a work permit, and be approved for permanent residence in as short as six months.

As far as your mother and brother are concerned, either one can file an I-130 petition for you and it will get approved, but you will not be eligible to adjust status until a visa number is available for a few years. In the category of unmarried sons/daughters over 21 of permanent residents, it's 8 years behind for now, while in the brother/sister category it's 10 years behind. If your mother becomes a citizen, then the wait is not as long, about 2 years faster. I didn't mention your kids because they can't file for you until they're 21. So, after your B-2 visa expires in December, you would have to change to another nonimmigrant visa to maintain status here, or you'll risk being out-of-status.

I invite you to check out my website and blog for how to contact my office and for more information.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal 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. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

Read more
Answered on 8/17/09, 12:22 pm
Luba Smal Smal Immigration Law Office

No, I don't see any eligibility for permanent residency based on the facts in your post. Since you are not married to a US citizen/children's father, he cannot petition for you.

Your children can sponsor you if they are US citizens when they are over 21 years of age.

Petition by your brother will take more than 10-11 years to process (during this time, you cannot stay in USA).

Your lawful permanent resident mother can petition for you if you are single, however, currently it takes approx. 8 years in this visa category.

Read more
Answered on 8/17/09, 12:23 pm


Related Questions & Answers

More Immigration Law questions and answers in Ohio