Do I have to go to my country to get my residence?

Generally speaking, an individual who is here for 16 years without more would have to go to his or her home country to obtain permanent residence. There are exceptions, such as those who are granted political asylum or who have the benefit of section 245(i), under which individuals who had a labor certification or immigrant visa petition filed by April 30, 2001, and are able to prove physical residence on December 21, 2000, are allowed to adjust status upon the payment of a fine amount of $1000 if they have a basis to immigrate. Persons here 10 years with good moral character may be allowed to stay through cancellation of removal, but would have to prove exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, parent, or child under the age of 21 and unmarried. That application is done before an immigration court and not U.S.C.I.S., which usually means that failure results in an order of removal. I note that a return to the home country where an individual has a basis to immigrate usually involves a 10 year bar against return, and the applicant would have to obtain a waiver of the bar to safely return. Such would involve the filing of an I-601 waiver of excludability after being rejected for the immigrant visa, or an advance filing of a provisional I-601A prior to consular processing for those who are eligible for it (currently open to immediate relatives of U. S. citizens, but to be opened to all classes within presumably the next few months). The standard of both I-601 and I-601A waivers is the establishment of extreme hardship to the qualifying family member. 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.