Somers Point, NJ Immigration Law Firms & Lawyers

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.

You should bring back your marriage certificate, proof of termination of all prior marriages for both you and your husband, proof of your bona fide marriage such as photographs together, lease or deed, utility bills, telephone bills, banking statements, etc., your husband’s original I-797 H-1B approval sheet, his employment letter, proof of his recent pay, tax returns and H-1B petition copy. 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.

Although some sources of money related to unemployment cannot be counted toward income for purposes of Form I-864 (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. However because the immigration officer will want to know your current employment situation, it is advisable that you get your employer if you have one presently, To draft a letter indicating what capacity you are working for him under and what your rate of pay is.