Chino, CA asked in Immigration Law for California

Q: Can I live in US based on grounds that my entire family is here after my Visa expires

Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet either through my family or my employer. If my h1b got rejected can I appeal to allow me live in US on basis I don't have anyone back home and i want my kids to grow in US.

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2 Lawyer Answers
Deron Edward Smallcomb
Deron Edward Smallcomb
PREMIUM
Answered
  • Immigration Law Lawyer
  • San Diego, CA
  • Licensed in California

A: How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: That is not sufficient to remain in the US. Any one who is able to petition for you should do it as soon as possible so your time out of the US is as short as possible. Consult with an immigration attorney.

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