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I am out of status, what can I do?

Albany, NY |

I came here on a F1 visa and I became out of status in 2009. My family is from NWFP in Pakistan and because of the situation there, we lost everything we had. These financial problems didn’t allow me stay in college or apply to any other schools. I also had no way of going back because of this problem. I soon after married a man who is now here on an H1 visa. I did not want to go back to Pakistan because he married me without his parents consent. His father has many sources there and they threatened me, this made it very unsafe for me. I didn’t go back because I was scared that they might do something to my family or me. Where I am from, marrying without parents consent can lead to horrible consequences, even death. I stayed here so that they couldn’t do anything to me.

I was unable to complete my studies and I want to complete them now. I also want to regain my status. What are my options? If I face deportation, can I go back to court to petition that? I don't want to go back at all.

Attorney Answers 3


  1. Talk to an attorney to see if you might qualify for asylum. See below for information on free/low-cost attorneys.

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    Do not rely on information you get on a website.

    It is always wise to consult personally with an immigration attorney before taking any action with the US Citizenship and Immigration Service or Department of State Consular Post.

    If you are low income and feel that you can not afford an attorney, try contacting one of the organizations on this list: http://www.justice.gov/eoir/probono/states.htm

    If you are not low income, please consider contacting one of the attorneys on Avvo. Or, contact the American Immigration Lawyer's Association http://www.aila.org

    Franco Capriotti - Senior Legal Counsel - Capriotti International Law
    SKYPE CONSULTATIONS AVAILABLE - franco@capriotti.com - www.capriotti.com
    We are not geographically limited ==> Our licenses allow us to represent people worldwide.

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    Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney. NOTE: They also have referrals to low/no-cost attorneys. LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  2. An asylum application might be possible, but you will need to retain an experienced immigration attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Not alot one can do.

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