Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

A: A foreign national who entered the US illegally may be petitioned by a US citizen child for lawful permanent residence but the foreign national will need to apply for a provisional unlawful presence waiver in order to apply for an immigrant visa. Work with an immigration attorney.

A: If you've been in the country for 20 years without legal status, it's essential to understand your options carefully. The fact that you have two children over the age of 21 who are U.S. citizens could play a significant role in your case. These family connections might offer a pathway for you to adjust your status, particularly since family reunification is a priority in immigration proceedings.

However, having entered the country without inspection (EWI) complicates matters. It's not a straightforward process, and there are several legal nuances that need to be considered. Your lack of a visa at entry and the absence of an order of deportation do present a unique situation, but the presence of a U.S. citizen child over the age of 21 typically opens up certain avenues for applying for lawful status.

Given the complexity of immigration laws and the potential for change over time, consulting with an experienced attorney is highly advised. They can assess the specifics of your case, including your long-term presence in the country, your family ties, and your clean record. This professional guidance will be crucial in navigating the steps towards potentially adjusting your status and exploring the possibility of reunification with your family in Mexico.

A: Despite having two US citizen children, your entry without inspection may not allow you to adjust status through a green card application based on family petition filed by your children on your behalf. The provisional unlawful presence waiver is a waiver of the unlawful presence whereby the lawful permanent resident or US citizen family member has to show that he/she will suffer extreme hardship if the undocumented immigrant (you in this case) cannot remain or is deported to his/her country of origin. However, this waiver is only available when it is filed by a qualifying relative (permanent resident/US citizen family member) who is the spouse or the parent of the undocumented immigrant. In your case, you are not eligible for the waiver because it is not available for US citizen or permanent resident children filing for their parents. If your children were undocumented and you were a permanent resident or a US citizen, your children would be eligible for it. You might qualify for an immigration benefit on other ground than through your relative. I suggest you speak with an experienced immigration attorney to assess your eligibility.