Legal Question in Immigration Law in New Jersey

I am honduran citizen, i came into the country 1998 illegally. I am 20, have a 2 year old kid, graduated high school, and i dont consider myself a hondurean citizen. Am i able to apply for residence??

Asked on 10/06/09, 12:14 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

No, you cannot apply for residency.

Maybe you don't consider yourself a Hondurean citizen, but it seems that you are a Hondurean citizen illegally residing in the United States.

Based on the information you provided in your post, I don't see a legal way for you to obtain a Green Card (residency).

Having a USA citizen 2-year old child doesn't put you in the positiion where you can apply for residency. A US citizen child has to be over 21 years of age in order to petition for you.

If you are married to a US citizen, he/she can petition for you. However, if no immigrant visa petition was ever filed on your behalf in the past, most likely that you will have to go back to your home country to apply for a visa.

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Answered on 10/11/09, 5:43 pm

Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I could comment on it properly.

To tell you the truth, it is going to be very difficult for you to apply for citizenship in this country.

On what basis would you be applying for residency?

You cannot apply simply because you have a child who was born here.

You may be able to apply if you will need to find a sponsor.

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

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Answered on 10/14/09, 11:19 am

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