Immigration Law

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I came to the United States illegally when I was 3 now am…

Customer Question
I came to the...

I came to the United States illegally when I was 3 now am 29. I have not tried anything to fix my situation. What are my options?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No I have not. Am too nervous to do anything.

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have two children that were born in the United States. Would I be taken away from them when trying to figure my legal situation? They both live with me.

Submitted: 10 months ago.Category: Immigration Law
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Customer reply replied 10 months ago
Where do I need to go to get this process started?
Answered in 1 hour by:
9/28/2017
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago
Laura Schonberg
Laura Schonberg, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 14
Experience: Partner at Schonberg & Timerman, P.L.
Verified
Hi, I'm an immigration attorney based in Florida and will try to answer your question...
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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago
Unfortunatelly, the legal paths to correct your sitution are very slim. The administration just stopped the DACA program which would have probably benefit you. The Congress is now evealuating a solution for immigrants like you (DREAMERS), but so far you are subject to deportation. Even If you were to be married to a U.S. citizen, the fact that you entered illegally (were not admitted and inspected when entering the U.S.) would require a waiver for you to obtain legal residence (which is not impossible but hard to obtain.) If deportation proceeding were filed against you, you could try for a "cancellation of removal" in immigration court, as you have been here for more than 10 years and you will have to show that your deportation would cause an estreme hardship to your USC children. These two are the only options to consider now really....and/or wait and pray for the DREAMERS act to be approved. In the meantime, I suggest making arrangements with a family member and getting a power of attorney to a family member or friend who couldbtake care of your children if you were to be detained by ICE. You could also apply for citizenship of the country you are originally from and a passsport for them in case you want to take the kids with you if you were deported.
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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago
If you are detained by ICE make sure you don't sign an expedited removal...ask for an immigration hearing (meaning a day in court, so that you can ask for a remedy from an immigration judge)
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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago
I'm very sorry you are going through this very difficult situation for no wrong of your own. If you would like to discuss further, we can talk over the phone ...
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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago
If you have any other question, please feel free to ask. Finally, if I answered your question and you are staisfied with my service please take a minute to rate my response. Thank you, ***** ***** of luck!
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Customer reply replied 10 months ago
I feel so useless and depressed with the whole situation. So there’s no way I can do anything really to fix my situation?
Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago

The opportunity to apply for DACA is no longer there. I don't really an option other than what I mentioned above. If you are married, or were to marry to a USC, we could explore the possibility of applying for a waiver. But, is not easy and no guarantee that USCIS will approve it. I really understand how you feel. Unfortunately, we don't have any legal resource to assist you further. If anything changes in the law, I could notify you so that you could take advantage of a possible solution.

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Immigration Lawyer: Laura Schonberg, Immigration Lawyer replied 10 months ago

Please, take a few minutes to rate my response so that I receive credit for it. Don't worry, we can continue in communication as necessary!

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Laura Schonberg, Immigration Lawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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