Do I have to leave the country? 2 Answers as of June 20, 2011

I came to the USA from Ecuador at age 14 and my visa expired about a year after, I have oversayed it by 11 years, I am married and have a child that is a us citizen, my husband came on a visitors visa, and had a visa and came and went to Mexico for most of his life but his visa expired in 2009 and he has overstayed it for 2 years now, now I have a sister that will become a us citizen within the next six months and is willing to sponsor us, and my husbands employer is willing too, now my question is, would we have to leave the country? Or can we stay after the papers are filed, how long would it take for us to get green cards, social security, or at least visas? Can we be sponsored by both of them or just one of them, and what would be the next step to take? Thanks!

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You cannot adjust through your sister. You would have to leave the country and file for consular processing, plus you would need a waiver. To qualify for a waiver, in this case, your parents would have to be residents or US citizens. I think your best bet is to wait for your child to turn 21, or wait for some change in the law.
Answer Applies to: Texas
Replied: 6/20/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Dear Madam, Your sister is entitled to petition for you, but you will not be eligible to adjust status to permanent resident until your priority date as the sibling of a citizen petitioner comes current (probably about 9 years at this time). Your husband's employer would have to honestly say they were unaware of his undocumented status, and then terminate him before filing an I-140 petition for an employment visa, which will be looked upon with suspicion by CIS. The other option is probably the best, to file for cancellation of removal. You have to be in the country at least 10 years, with a qualifying relative who is a citizen or legal resident (your child), and show extreme or extraordinary hardship to the child (not you), and it will be a case going before an immigration judge. If you want to consider the case further, please feel free to call or e-mail to set up an appointment for a phone consultation.
Answer Applies to: California
Replied: 6/20/2011
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