Deportation

Before the Trump administration, a common tactic was to request prosecutorial discretion from DHS to drop the removal proceedings. The chances of that happening are much less now, but perhaps your attorney can still give it a try. Even though it has been almost 10 years since you came to the US, you would not be eligible for cancellation of removal, the so-called ten-year green card, because the government stops counting time once you are served with a notice to appear in the immigration court. If you or your wife have any skills and/or education and can be sponsored by an employer (most likely through a labor certification), you could perhaps go to Canada or your home country and wait until all the papers are approved for you to interview at the home country consulate or embassy for immigrant visas for yourself and your wife. If Immigration never revoked or denied your F-1 and you just naturally fell out of status, you would not be barred for 3/10 years (assuming that you are not ordered removed) because of your overstay as unlawful presence for that purpose is only counted beginning from when U.S.C.I.S. denies or revokes the status or you receive an unfavorable ruling from the immigration court. Your other options are to apply for withholding of removal if you have been persecuted or have a probability of being persecuted in your home country because of religion, nationality, social group, political opinion or race, or for your wife to sponsor you to live in Canada. 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.