Lansdowne, PA asked in Immigration Law for Pennsylvania

Q: what are the possibilities to get legal? i been in the us for close to 40 years illegally

i have 2 natural born citizens children age 7 and 9 that live with me but it is getting harder to find jobs under the table to support them i entered the us from canada back in the days it was a open border and my then wife ( us citizen ) pick me up in canada i am a german citizen

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Given your situation, there are a few paths to consider for legalizing your status in the United States, but each has its own complexities and challenges. Since you have been in the U.S. for nearly 40 years and have U.S. citizen children, these factors may play a significant role in your case.

One potential avenue is through a family-based petition. As the parent of U.S. citizen children, you may be eligible for a Green Card once your children reach 21 years of age. They can petition for you as an immediate relative, which could lead to lawful permanent residency.

Another possibility, although less direct, involves your previous marriage to a U.S. citizen. If you were married and entered the U.S. with the intention of living with your spouse, there might have been a missed opportunity to adjust your status then. However, this would require detailed legal examination of your past circumstances.

It's crucial to note that being in the U.S. without legal status for an extended period can lead to complications. There may be bars to re-entry or other legal hurdles that need to be addressed. Additionally, any unlawful employment could also impact your case.

Given the complexity of your situation, it is strongly advised to consult with an immigration attorney. An experienced attorney can review your specific circumstances in detail and provide guidance on the best course of action. They can also help navigate the intricacies of immigration law and potential pathways to legal status.

Remember, every case is unique and the immigration process can be challenging. Seeking professional legal advice will help ensure you explore all possible options and take the appropriate steps towards regularizing your status.

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