How can we get a green card in the US without being asked to go back and get the appropriate visas?

I and my wife are Nigerian citizens who entered the US with tourist visas along with our 1year old son who is a US citizen and our 2 years old son who is also a British/Nigerian Citizen and we do not wish to go back to Nigeria due to the present threats of the Boko Haram (Al- Qaeda group) terrorizing our part of the country. How can we get a green card in the US without being asked to go back and get the appropriate visas? Can we get sponsorship from a family member who is a US citizen and how long with the adjustment process take since we are already in the United States with valid US tourist visas?

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Answered By: Law Offices of Grinberg and Segal

Based upon the facts you have provided thus far, you are not eligible to adjust your status in the United States. Unless an immediate family (i.e. spouse, child, or parent of a citizen over 21) member petitions for you to receive an immigrant visa, you cannot adjust your status unless you maintain lawful immigration status. This is a difficult task if you fall into a preference-based petition category (i.e. petition filed by a United States citizen parent or sibling). However, if you have a fear of returning to your country, you may be able to obtain asylum. It would be in your best interest to meet with an experienced immigration attorney to discuss your fears. An application for asylum must be filed within a year of your arrival unless you can demonstrate changed or extraordinary circumstances.

Answer Applies to: New York
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reza Athari & Associates, PLLC

Unless the thread is personal to you or your family, not possible.

Answer Applies to: Nevada
Replied: 10/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Feldman Feldman & Associates, PC

Most family petitions (other than for an immediate relative - USC spouse, minor child or parent) will take many years to do you any good and you would not be permitted to remain while you are waiting in line. If you have a valid fear of returning it is possible you have a winnable asylum case but this would have to be assessed with many more details than are provided here. Keep in mind that an asylum case must be filed within one year of entering the U.S. (with very minor exceptions. I would need to review your complete immigration history to properly advise you on the specifics of your case.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.