Pacific Beach, CA Immigration Law Firms & Lawyers

If you are out of status for you cannot change your status in the U.S. You could be petitioned, but would have to leave the U.S. to obtain your non-immigrant visa. However, you could be denied your non-immigrant visa due to your violating your status and could also be subject to a 3 or 10 year bar from returning depending on how long you overstayed your visa.

Although not clear from your question, I presume you are a U.S. citizen. If that is correct, then you and your wife may go through the consular processing steps in Canada, followed by applying to adjust status to become a U.S. Lawful Permanent Resident (to get a "Green Card"). Note, that if your wife intends to live in the U.S. permanently, it would be impermissible for her to enter the U.S. with a TN (Treaty NAFTA) visa or most other nonimmigrant visas, because those are only for people who intend to enter the U.S. temporarily, and misuse of such a visa could be deemed "visa fraud," with potentially very harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information about each of you, could advise you about the best options to attain your goals, and could represent you in that process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Sorry, but no. When your child turns 21 years of age, he/she can sponsor your green card. But until then, the fact that you have a US citizen child will not help you get any immigration benefits unless you can show that your child has some sort of a disability or a medical problem that cannot be handled in your home country.