QUESTION
Do I need to leave the country in order to reapply?
Asked on Jan 28th, 2013 on Immigration - Nevada
More details to this question:
I entered the country on a student visa in 1985 and have since graduated college, married in 1988 with three kids only one who is still a minor. I have worked since graduating college and maintained full time employment. It was not until today that I discovered that I have overstayed my visa and not legally authorized to be in the country. What can I do at this time to remedy this situation?
12 ANSWERS
Do not leave the country, for sure, because if you do you will be barred from reentry for 10 years. It is curious how you think you were just legalized in the US if you never took any steps to complete the immigration process. However, it is not too late. As long as you are married to a US citizen, your US citizen spouse can petition for you now for your green card, as long as you can still prove your lawful entry back in 1985.
Answered on Jan 31st, 2013 at 11:09 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 31st, 2013 at 9:18 AM
Adebola O. Asekun
If your marriage is to a US citizen, then , your husband can file I-130 petition along with an I-485 green card and work permit for you. Processing time for getting green card is about 7 months. Even if your husband is only a green card, he can file an I-130 for you in which, case, your visa will not become current for about 2 and half years. But he should immediately file his application for citizenship. Once he is a US citizen, your visa becomes immediately current. Since you have lived in US for decades, I believe there may be other options even if none of those above are availing to you. In which case, you should speak to an immigration lawyer. Note that you have accrued several years of unlawful presence, it is unsafe for you to travel overseas without the advice of competent attorney Finally, since you have worked for many years in the US, you must absolutely confirm that you did not state in any employment document (including in a Form I-9) that you are a citizen of US. That may pose serious problems for you especially if such statement is made after Sep. 1996
Answered on Jan 31st, 2013 at 9:18 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Is your husband or an adult child over 21 a United States citizen. If so, apply for adjustment of status.
Answered on Jan 31st, 2013 at 12:21 AM
Rebecca T White
You need to discuss your options with an attorney before you do anything further. You don't give the ages of your children or whether you are still married, and if so married to a US citizen, but most likely you have options.
Answered on Jan 29th, 2013 at 9:54 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can apply for adjustment of status/permanent residency if you have a US citizen spouse, or US citizen child who is at least 21 years of age, who can petition for you. Have you ever been arrested or deported before? Are you currently in removal proceedings?
Answered on Jan 29th, 2013 at 9:54 PM
As a Student, you were and are not allowed to work without your school's approval and only under very limited circumstances. You can be removed from the U.S. and sent back to your country. However, there may be some solutions available but more facts are needed to determine what you can do. Please see an Immigration Attorney and bring all your immigration documents and other related paperwork with you to the consultation.
Answered on Jan 29th, 2013 at 9:53 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
If your husband is a US citizen, have him petition for you for for residence.
Answered on Jan 29th, 2013 at 9:53 PM
Bruce A. Coane
Since amnesty seems imminent, I'd wait to see if you are covered and then apply. On the other hand, if your wife is a USA citizen and you're not ineligible for adjustment of status, she can sponsor you right away for a green card.
Answered on Jan 29th, 2013 at 9:52 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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Since you entered the United States, you could apply for an application to adjust status provided you have an immediate relative. Your relative must be an American citizen spouse or an adult son or daughter over the age 21. There is no need to get outside the United States. You can apply from within the United States. The process takes about four months. You should check with an immigration attorney to see whether you have any other issues (crimes? deportation? misrepresentation? etc...) but basically you appear to be in a decent situation.
Answered on Jan 29th, 2013 at 9:52 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Are you married to a US citizen? How old are your children and are they citizens? You need to speak with an immigration attorney immediately regarding your options.
Answered on Jan 29th, 2013 at 9:46 PM
Robert E. West
The first step is to consult with an immigration lawyer to review your options.
Answered on Jan 29th, 2013 at 8:59 PM