Adjusting Status when Out of Status for 9 Years
The father of my young children came to the U.S. under a J1 visa, from Turkey. Turkey paid for his education here. He has been out of status for 9 years. His mother has hired an attorney to file paperwork to waive the requirement to return for 2 years, and to adjust his status. Attorney is in the U.S. I am not married to him. They were told that he would have a better chance if I were to marry him. I wondered because he is on the birth certificates [3 kids], wouldn't that be sufficient? Also, I was wondering I could still "sponsor" him if not married, as it would be hardship for him to return. He needs to be able to work.
Re: Adjusting Status when Out of Status for 9 Years
The fact he is on the birth certificate grants no automatic forgiveness for an overstay; marriage to a US citizen is required. However, the 2 year home residency must also have a waiver. If it is not, he will be required to serve it in his home country. Once he leaves, he will be banned for 10 years without another type of waiver.
A hardship on him and needing to work are no reasons for him to be granted a waiver.
Three children is rather late to be worrying about not wanting to marry. Is there some reason that this is not possible?
Since he has an attorney, he needs to be cooperating with him/her.