QUESTION

Overstay on B2 visa since 11/4/2014 from India.

Asked on Jan 28th, 2018 on Immigration - North Carolina
More details to this question:
Overstay on B2 visa since 11/4/2014. Should we apply F1 visa from an I 20 given by the community college? Or stay in the US until until his visa number to become current under family based sponsorship? (Usually takes 12-14 years for Indians). Or Leave the US and go back to India and face 10 year ban? Or maybe life ban? If my parents get green card and eventually naturalize as US citizens will it help as All members in my family would have become US citizens.
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1 ANSWER

NA smsattorney@gmail.com
Namastey, The fact of the matter is that you have overstayed the B2 visa and may be considered to have an unlawful presence in the United States, which will follow any route you take.  Your best possible option herein would be to adjust your status, whether you marry a US Citizen or the F1 like you proposed and or a pending asylum application if you submitted one. If you decide to leave the United States to go to any country, you won't be able to apply for a new visa at any consulate. You will also be opening you the door to ten-year ban as well. If all your family members will become US Citizens or if any friends or relatives are, Adjusting your status under arrange marriage might be very beneficial. Please contact an attorney directly for your concerns.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have an Immigration lawyer available in North Carolina. Feel free to give us a call for a free consultation. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in North Carolina.
Answered on Jan 28th, 2018 at 6:20 PM

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