I am 26 years old. I stayed here in the US. My Visa is expired 10 days ago. but my I-94 says D/S. What can I do for me to stay in the US legally? Am I covered with 222(g) penalties eventhough I hold A2 visa? Pls dont tell me to get married with an opposite sex, because I have a same-sex partner for years and my partner is Citizen. We are thinking to migrate to Canada. Would it be good decision? PLs help.
The current immigration laws although more favorably disposed to LBGT community and issues still have a law in place although being ignored called DOMA-Defense of Marriage Act which prohibits same sex marriages to be used as a basis to file for a green card. But, the issue becoming more and more acceptable to society at large and the Obama Department of Justice has instructed DOMA to be ignored for now. As an A visa holder as well as other visa holders the visa is irrelevant and only intended for travel but the I-94 is controlling. On F-1 students and A and G visa holders it usually states D/S Duration of Status. So, if you are and remain a dependent of your parents and primarily reside in their household even if you're 26 or even older you may maintain your dependent status on your parents "A" visa status as long as their still posted at the Embassy/Consulate/Foreign mission. Just be patient, more and more immigration courts are closing cases for individuals in deportation/removal proceedings who are members of the LBGT community and eventually I believe USCIS will come around and allow same sex marriage immigrant visa sponsors. Good luck.
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