What are the possibilitiesof my becoming a legal US resident if I have lived here for 16 years and my child was born here?

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What are the possibilitiesof my becoming a legal US resident if I have lived here for 16 years and my child was born here?

I am 19 years old I been in the US ever since I was about age 3. I now have a baby who is a US citizen. I have not committed any crimes or even been stopped or pulled over by a police officer. I have a clean record. As a single mom it’s been hard to find a job although I also graduated from high school.

Asked on January 19, 2012 under Immigration Law, Arizona

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were brought to the US unlawfully and no one had ever filed a petition on your behalf, it does not really matter that you have a US born child because under the current immigration laws, you are not able to legalize your status within the US.  You would have to go back to your home country to consular process but leaving the US will cause you to automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse or child and this is very difficult in most cases.


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