Overstayed and two USC

[Chacho 0]

A minister friend wants to endorse a Pastor And his family under the minister's eclesiastical institution. Here is the situation;

Pastor and his wife entered the us 6 years ago as visitors. They never changed status to that of a religious worker and overstayed. They had two kids after that USC children and now the minister and eclesiastical institution wants to petition them as religious workers R-2 and R-1 visas. How can the church do this if they are here on te us overstayed. Can they petition for them while they are here in the US or do they have to go back to their country. Can a lawyer help since they have two children here? I don't know how to help them or advise them. Please help...

[kzielu 1,149]

Entered on which visa ? Most likely they have 10 year bans, petitioning them is not going to work, children do not matter at all here until they are 21 years old.

[aleful 1,905]

A minister friend wants to endorse a Pastor And his family under the minister's eclesiastical institution. Here is the situation;

Pastor and his wife entered the us 6 years ago as visitors. They never changed status to that of a religious worker and overstayed. They had two kids after that USC children and now the minister and eclesiastical institution wants to petition them as religious workers R-2 and R-1 visas. How can the church do this if they are here on te us overstayed. Can they petition for them while they are here in the US or do they have to go back to their country. Can a lawyer help since they have two children here? I don't know how to help them or advise them. Please help...

ditto,

I believe that they have to be in their country to file for them, or have another petition filed for them under the 245i law that can cover their overstay, which is not the case, because they haven't been in the country by Dec 21st, 2000.

and if they leave, they will incur in the 10 year ban. there are no waivers for employment visas.

there is nothing they can do until their children turn 21 or there is an immigration reform. If they don't have any immigration problems or deportations in the future, their USC children could file for them when they turn 21. at least at this moment, overstay would be forgiven.

nobody can say what immigration laws will be in the future.

[Harsh_77 718]

A minister friend wants to endorse a Pastor And his family under the minister's eclesiastical institution. Here is the situation;

Pastor and his wife entered the us 6 years ago as visitors. They never changed status to that of a religious worker and overstayed. They had two kids after that USC children and now the minister and eclesiastical institution wants to petition them as religious workers R-2 and R-1 visas. How can the church do this if they are here on te us overstayed. Can they petition for them while they are here in the US or do they have to go back to their country. Can a lawyer help since they have two children here? I don't know how to help them or advise them. Please help...

They overstayed their visitor visa, cannot apply for another visa from within the country.

They need to leave the country and apply again, they would be banned for overstaying the visa.

Having USC children does not change the situation, the children would be apply to petition for their parents after they are 21 until then there is nothing they can do.