Osteen, FL Immigration Law Firms & Lawyers

If you were living and working for an employer other than the one that petitioned you, then you fell out of status.  This seems like an undetermined as yet, violation of the terms of your H2b without more information, since you could have departed with the help of your nation's Embassy, or family/friends, perhaps.   However, USCIS is unaware at this point, so you did not accrue any unlawful presence.  What you seem to have done is to have worked for another employer, which may create concerns that you violated the terms of your H2b visa by working for another entity.  If you are found to misrepresent the truth, then you can be indefinitely banned from lawful immigration.  Each embassy and consular official has discretion to make an unappealable decision.  An attorney may be able to suggest a plan of action that is less likely to create long term problems, where returning to the U.S. is a priority for you.

Although you have 2 daughters born here, you have not inquired about petition sponsorship from their father, so I will assume that he is not a U. S. citizen. If he has a green card, there is the possibility of waiting until he becomes a citizen, at which time you might be eligible for adjustment of status to permanent resident provided you are married. As your question is being asked in March 2013 and the information concerning the Obama administration's deferred action for childhood arrivals program (DACA) has been available since last summer, I assume that you do not qualify, most likely because you were 31 years of age by June 5, 2012. If by some chance you were not, have no significant criminal history, and either graduated from high school, have the GED, are currently in school, or served honorably in the Armed Forces or Coast Guard, you could make an application for deferred action and an employment authorization card which is good for two years and in all likelihood could be extended. Otherwise your best immediate relief would appear to be on the horizon as Congress begins discussing comprehensive immigration reform. There is more chance of its passage this year than in any other time in the past 20 years. It appears that both the Republicans and Democrats are motivated to pass some form of legislation, largely because of the presidential election results in which Hispanics and other minorities turned out in droves for the President for his pro-immigration stands. 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.

 If you are a US citizen over 21, you can petition for your mother to come to the United States. You can also petition for your brother. However, his visa would take much longer than the one for your mother. Instead, I would recommend petitioning for your mother and after she enters as a permanent resident, she can petition for your brother to follow. This would be the fastest way for your brother to enter the US.