Immigration Law Questions? Ask an Immigration Lawyer.
I just need to clarify a few things - did you marry a US citizen? How old are the children? On what status did you enter the US - F1 status?
Im not married to a us citizen. my children are 3 and 5 years old. i came here with a tourist visa
Unfortunately, there is no way for you to become legal right now because you are out of status. The only option available would be if you married a US citizen, or wait until one of your children turns 21 and sponsors you for a green card.
Hi Dayana,I just want to follow up with you about another possible option, but one that will bring you to the attention of the USCIS.There is something called deferred action for childhood arrivals. It requires that you entered the US as a child, before the age of 16; that you are in at least high school or have a high school diploma or equivalent in the US; that you were under the age of 31 on June 15, 2012; you have continuously resided in the US since June 15, 2007, up to the present time; you were physically present in the United States on June 15, 2012; and at the time of making your request for consideration of deferred action with USCIS and that you have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.A successful application will permit you to work and remain in the US legally, for up to 2 years, and can be renewed indefinitely. However it also brings you to the attention of the USCIS, and can potentially be a problem, if something more permanent is not passed into law.
Here is information on this process, commonly referred to as DACA: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD#guidelinesI hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you. A bonus is appreciated, if you feel I've earned it.If you want me to answer questions in the future, just go to AskCustomeran Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you. Thank you!
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