Oakhurst, NJ Immigration Law Firms & Lawyers | Page 3 Results

In seeking immigration benefits, the burden of proof falls upon the applicant to convince U.S.C.I.S. by a preponderance of the evidence (over 50%) that what the applicant says is true. In your case, you may wish to start off with affidavits by reputable people in the community who know and can state the details of your residence in the US during that one year. Credit cards and bills in your own name would help. If you took out a library card or applied for anything else for which there is a record, that would also help. Finally if your family takes many pictures, dated photographs might be accepted. You, your daughter and her husband should go through all the stuff in your place to see if anything else can help. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Signing the document alone won't directly affect your permanent resident status, but it would raise the question about whether your status was obtained by fraud.  If it is not true, you should not sign the document.  You should probably hire a lawyer to give you specific advice you can rely on in this matter.

When you say the "new law", I believe you are referring to the new regulation that USCIS recently finalized that allows persons to file to waive the unlawful presence bar before filing for the immigrant visa or adjustment of status. If you entered without inspection, you would be required to consular process through the US Embassy in your country (Brazil from your description). You don't say whether your children are US Citizens. However, even if they are, one of them filing a petition for you is not going to solve your situation. Unlawful presence, however, can ONLY be waived by showing extreme hardship to a US Citizen or Permanent Resident spouse or parent. Hardship to a child is not a factor in an unlawful presence waiver. You might wish to give a little more information, but it does not appear that you would be a person eligible to take advantage of the stateside provisional waiver program.