This week in my column "Consulta Migratoria" published online by several impreMedia publications including LaOpinión.com, I answer questions from readers. Remember, each case is different and the answers vary depending on each person's immigration history, so I can only answer your questions in general terms. Please consult with an immigration attorney to receive personalized legal advice before beginning any proceedings.
Here are the questions I answered in my column:
I came to the United States in March 2007 with a B1 visa that expired in September 2007. I am a systems professional with a university degree and 15 years of proven experience in my home country Peru. Is it possible for me to apply for the H-1B visa? --José B.
Jose, you would not be able to obtain an H-1B visa within the United States. Although you appear to meet the education and experience requirements that the H-1B visa requires, when you apply for the visa you will have to disclose your immigration history in the United States, including the period that you lived illegally in the country since September 2007. The U.S. Citizenship and Immigration Services will probably deny your application when it learns that you violated immigration law. Consult with an immigration attorney to see if there are other immigration options for you.
My wife entered the United States on a visa and I entered illegally. I have lived more than 20 years in the country and have never been arrested. I have used false documents to work and have paid my taxes. We have three daughters. My oldest daughter is 21 years old and was born in the United States. My other two daughters are DREAMers students. Could my U.S. citizen daughter petition us for permanent residency? Will the new law of forgiveness help us to the law of punishment? -- Roberto
Your U.S. citizen daughter could apply for permanent residency for all of you. In your wife's case she could apply for permanent residency within the United States because she entered the country legally. Immigration law would forgive her having lived and worked illegally in the United States because she is being petitioned by her U.S. citizen daughter. However, she will have to meet other requirements to obtain permanent residency and must be very carefully evaluated by an immigration attorney before she can begin the process.
In the case of you and your daughters who are DREAMers, you could also petition for your U.S. daughter. However, you would probably have to leave the country to obtain permanent residence because you have lived in the United States illegally. By leaving the country, you could be subject to the law of punishment that would not allow you to return to the U.S. for a period of 3 to 10 years, unless you are granted a pardon.
It is likely that you and your daughters who are DREAMers will not be able to take advantage of the new provisional waiver of the penalty law through your U.S. citizen daughter. To be eligible for this new immigration benefit, you would have to have a U.S. citizen parent or spouse for whom it would be an extreme hardship if you were not granted permanent residence. Unless your parents are U.S. citizens, you will not be able to apply for a provisional waiver of the punishment law.
Your DREAMers daughters are not eligible to apply for a provisional waiver of the punishment law through their U.S. sister's family petition. This immigration benefit is only for parents, spouses or unmarried children under the age of 21 of U.S. citizens.
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