Robert A. Murtha, Jr.

Probably not. Unless you entered on a restrictive C, D or J visa, you should be able to file for "Adjustment of Status" and have your green card processed in the U.S.

Probably not. If an approvable petition was filed for you prior to May 1, 2001, however, you can adjust status. Your spouse may file an immigrant visa petition for you. The approved petition will be sent to a consulate (usually in your country) which will schedule you for an interview. Because you resided at least 180 days unlawfully in the U.S. you will be banned from returning for three years. If unlawful residence was at least one year you will be banned for 10 years. In either case, you would be permitted to allege extreme hardship to a U.S. resident or citizen's spouse, child or parent and ask for a waiver.

Probably, but you'll have to wait for your priority date. Currently brothers and sisters of U.S. citizens must wait for more than ten years. If you leave the U.S. before then, you will be subject to the 3 or 10 year bans. If you fall into ICE's hands before you can file for adjustment, you will be subject to removal.

No. If your spouse is not a U.S. citizen, you cannot file for adjustment until he naturalizes.

Not if you are caught by ICE. An Immigration Judge might (or might not) cut you a break and let you wait for your priority date.

(1) He cannot petition for you before his 21st Birthday. (2) The parent of a U.S. citizen may be eligible of certain waivers and cancellation of removal that she would not otherwise be eligible for.

You can probably adjust status as an immediate relative of a U.S. citizen if you were inspected and admitted to the U.S. or if an approvable petition or Labor Certification application was filed for you before May 1, 2001.

Not really. You are talking about cancellation of removal. This is available to an alien who has been physically present in the U.S. for ten years prior to the commencement of the removal proceedings; has good moral character during such period; has NEVER been convicted of certain offenses; and establishes that the removal of the alien would result in "exceptional and extremely unusual hardship" TO THE ALIEN'S SPOUSE, PARENT OR CHILD WHO IS A CITIZEN OF THE U.S. OR WHO IS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE. This is a high standard of proof. Even a liberal, humane immigration judge may decide that you have not met your burden of proof and order your removal.

Probably, but you'll have to wait for your priority date. Currently brothers and sisters of U.S. citizens must wait for more than ten years. If you leave the U.S. before then, you will be subject to the 3 or 10 year bans. If you fall into ICE's hands before you can file for adjustment, you will be subject to removal.

Yes. However, the basis for your case must continue. For example, if your employer applied for you, your employer must not go out of business and must still expect that you will go and work for them. If your spouse is applying for you, you must still remain married and your spouse must still want to apply for you. The relative applying for you must still wish to apply for you. If it is a family case, the relative applying for you must remain alive (except in very unusual circumstances).

(1). Except where there are very unusual circumstances, your application for asylum must be filed within a year of your admission to the U.S. (2). You may stay here legally while your application is pending. The time will not count against you unless they decide your application is frivolous. It is unlikely that you will be granted employment authorization.