Can I apply for a green card if I overstayed my visa? 2 Answers as of March 11, 2011I am Brazilian I came here to the USA in 2000 with tourist visa. My permission to stay was for 6 months so I stayed for 10 years now. I have now a 16 month old girl but I didn’t get married. My fiance who is the daddy of my child is Brazilian, his situation is the same but here came in 1999. We pay taxes and he is the only one who works. I am wondering if we have a chance to apply for a green card.
Pacifica Legal Services | Floyd Fernandez
Yours, and your fiance's only option is to apply for cancellation of removal, which will probably go before an immigration judge, to get a green card. You have been in the USA for over 10 years, and your child, a US citizen, is subject to extreme and extraordinary hardship if you are removed to Brazil. I can be of help, and if you so desire, please feel free to contact me by phone or e-mail to set up a phone or in-person consultation.
Answer Applies to: California