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sholem

Junior Member
What is the name of your state? CO

My sister entered the US legally, but her visa expired in 2001. She has a child to a US citizen (unmarried) but due to domestic violence the relationship collapsed. The father is willing to sponcer the citizenship of the child, but we don't know if this will help her to obtain legal status.

She is an artist but has no formal qualifications. and although there is a possibility that she could get an employer to sponcer her, is worried that she does not fulfil the basic requirments to make a sucessful application. She has a partner who owns his own business but does not want to marry to obtain legal status. She works for her partner without pay, and earns enough from painting at a local buisness to get by. Both the partner and the local buisness would be willing to sponcer her as an employer.

As her family we would be happy to contribute towards legal costs but need to identify which course of action would have the best chance of sucess.
 


evcalyptos

Senior Member
sholem said:
What is the name of your state? CO

My sister entered the US legally, but her visa expired in 2001. She has a child to a US citizen (unmarried) but due to domestic violence the relationship collapsed. The father is willing to sponcer the citizenship of the child, but we don't know if this will help her to obtain legal status.
If the child was born in the US, or the father is named on the birth certificate, it is likely already a US citizen and does not need the father's sponsorship.
The child may not petition for its mother (or assist with her immigration at all )until the child reaches 21 years of age.
 

ImmigAttyLana

Senior Member
And if she has been unlawfully present for almost 4 years now, she is subject to the 10 year bar to reentry and NOT eligible for any employment-based visa from within the US. Her only option at this point is through a valid marriage to a US citizen.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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