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Zanzi HELP! (Immigration Law)

Fri, 06 Apr 2001 16:50:00 GMT

Hi,
I was brought to the U.S. by my irresponsible/uneducated aunt when I was in the 3rd grade. I assume I came on a B2 visa but she did not take steps to renew this. After 1 year I became an illegal alien. Still a child, I did not know what it all meant. I am 26 now an still an illegal alien. I filed papers with my parents back in 1990 or so but the 1996 immigration laws robbed me of my greencard/workpermit etc. My parents/brother got through but I did not. I have been educating my self on the immigration process an it all states that if I have been in the country illegally as of 1997 I dont have a chance. I incur the 10 year bar if I return to my country (Trinidad an Tobago). Are my only choices to marry for 3 years? I have also studied and am attaining my MCP-Microsoft Certified Professional accreditation. Can I use this to get a H-1B Speciality Visa being that I am a software professional?

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  • Sat, 07 Apr 2001 14:25:00 GMT(1)
  • Zanzi
    My parents have filed a petition for me in 2000 because they have just received their greencards last year. BUT, the INS is currently tending to papers filed in 1993. Ill have to wait 9 years to even get a work permit. I cannot wait. I have waited since I have came to this country, thats about 18 years now. 9 more years will destroy me mentally an emotionally. Ill evaluate your other options, but marriage to my girlfriend is what looks feasible. Thank you for you help sir
  • Sat, 07 Apr 2001 04:09:00 GMT(2)
  • Hi!
    I saw your heading ... I think you have a lot of options open, not including a marriage for the sake of citizenship. Regardless what you choose, I think you will need to retain a lawyer, for the simple fact that it is easier to spend $150/hour for a competent person to draft a couple of motions using the buzz words the courts like to hear, than spending endless hours in the law library trying to find them yourself.
    I believe the following approaches are open to you:
    1. Have your family (your parents are legal residents?) sponsor you (more info at http://www.ins.gov/graphics/services/residency/family.htm#anchor370694)
    2. Have an employer sponsor you (you appear to have very marketable skills!)...the link here will give you more info (http://www.ins.gov/graphics/services/residency/employment.htm)...I wouldn't do this one without consulting with a lawyer, however.
    3. Argue "Humanitarian Hardship". This would work well if you can show that your aging parents (or children you may have) need you to help them through their golden years. This could be especially effective if your education/skills surpass those of your siblings, or you can prove that your siblings are otherwise unwilling or unable to support your parents. The INS would rather see you become a citizen than have 2 people potentially go on welfare.
    4. Similarly, you can argue that since you were taken from your home country way back when, you have no reasonable means of integrating into the culture at this time (this only works if you do not have a bunch of extended family there) and that you have taken active steps at attaining a legal status in the US, but were unable to do so.
    As you can see, you have various options open to you, but before you make any decision, please consider investing a couple hundred dollars in a consultation with a lawyer.
    I hope this helps.
    Bye
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