Is there any hope?

Hello, I am a woman married to my husband in the U.S. We have 2 children 17-years old and a 21-year old, we are all illegal in the U.S. We came to the U.S. on august 2001, but after 9/11, everything became hectic. We overstayed our 6 month visa unfortunately. I was wondering if the people in this community could tell me if there is any hope for us.

I have another question, I would like to know that if I am a winner of the DV lottery, When I go back to my country, will I be barred from the U.S for overstay?

Thank you all so much

As far as I know your children can eventually adjust their status through either marriage to a US citizen or if the DREAM Act passes.
You and your husband may have to wait for comprehensive immigration reform.
I'm not sure about the diversity visa, I know someone else on this forum had their family win that hopefully they can answer your question.

Welcome!

Unfortunately, the only way that you could overstep the ban with a diversity lottery visa would be if you had a 245(i) petition. Once the dream act is passed, it looks like your kids will be eligible. Unfortunately, I'm not sure what you should do for yourself. We are fighting for immigration reform, which hopefully will come as soon as 2009.

DREAM is the best bet for your kids. Immigration reform for yourself.

Yes, if you return to your country to adjust your status, then you will be subject to the 10 year bar for overstaying your visa. The DREAM Act is the best chance for your children and comprehensive immigration reform is the best chance for you and your husband.

Oh I see, thank you all very much for your help. I have a brother who is a U.S. citizen, If he can petition for me, then will I be eligible for the 245i petition? I read that somewhere online, i want to make sure if it's true.

He could file for you, but you would have to wait the 10 year ban outside of the country. The only way you would be able to adjust status in country and override that would be if an immediate relative (spouse/child) could file for you.

In a few years your kids will be getting around the age when people start considering marriage. If you're in no hurry then just wait the 7-10 years until one of your kids becomes a citizen. Does anyone know if the 10 year ban would apply then? I don't think it will. You're kids should either rely on DREAM passing or just wait until they're at the point in life when they meet someone they want to marry and if that person is a citizen, they adjust via their spouce.

This is the worst case scenario, most likely CIR will pass before that. DREAM should pass even before that with some help.However, there are no guarntees with relying on legislation to pass.

2009

yea CIR, would be the best, and your children are still young so, they can also be eligible for Dream