please help

[dajanka]

hi,
we are a couple, both living in U.S. illegaly.
having a 2year old child born in U.S. (citizen already).

i overstayed after my tourist visa expired (by 3years already).
my partner is holding a tourist visa for 10 years, but he overstayed the period he was admited to stay in country (by 5years).

Would any immigration lawyer be able to help us legalize?
would it help if we could get our employer to sponsor us?

we are seeking help and some answers.
so please HELP.

thank you Tanya

 

[Rich00]

Sorry, Tanya

First, I'm not a lawyer, so you would do better looking for an AILA attorney, and providing all data to him/her. Your case is not simple, and require a knowlegeable immigration attorney.

Second, your son may be born here, but cannot be used as a way to legalize your situation until he's 21 years old; unless it's to stop a deportation process, which in your case it's very unlikely of succeed.

Third, both you overstayed your I-94 way over a year, which would be enough ground for deportation and 10 years ban.

Fourth, you're both working without authorization, which is bad for you and your employer (he's breaking the law too). If he tries to start a H visa process, it will only put you in the spotlight. Even if you get an approval, you must leave the country to have the visa stamped. It's very unlikely that any officer at the consulate/embassy will stamp your visa with such case.

Rich