QUESTION

How can I get a legal immigration status when I overstayed the time of my visa?

Asked on Apr 03rd, 2013 on Immigration - North Carolina
More details to this question:
I want to have a legal status because I don't want to have any problems with Immigration. I came in to the US with a Visa to work in agricultural fields. After it expired I stayed and don't know if its best to leave and come back with another visa or stay here and try to fix my legal status?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you have a commitment to agricultural work, you may wish to stay as any comprehensive immigration reform legislation will allow agricultural workers who make a commitment to continue working in the field to have a faster path to citizenship than others who may gain legalization. This country has need for agricultural workers to plant and harvest its crops, and therefore the proposed immigration legislation will benefit this category of workers. 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.
Answered on Apr 18th, 2013 at 6:22 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If marry a US citizen, then your overstay will not be a problem.  Otherwise, you would need to leave and subject yourself to the unlawful presence bar.   You may be eligible for a waiver once you reapply for a new visa, but that will depend on a number of factors specific to your situation at that time.
Answered on Apr 04th, 2013 at 10:05 PM

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