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Im out of status and i have court soon

Long Island City, NY |

hii
i was out of status,then i applied F1 again from same school,(i did re statament)immigration received my documents on july,i had problem with school because of attendance,they said you are no more student at this school,after 1 week immigratin officers came to my home,they put my jail,i stayed one day,
anyway i will go to court but i dont have date yet,my restatement still on process,i went to one lawyer he said,you have only one way,you have to get marry if you wanna stay here,i have a gf but i dont wanna get marry before my master degree,now i wanna focus my master degree,
can i get my status back or my uncle is my sponsor,can i get green card??
or what can i do??

help pleaseee

Attorney Answers 4


  1. No, and no again. It will be pretty hard for your student status to be reinstated under the circumstances you describe. Also, an "uncle" or an aunt cannot "sponsor" someone for a green card. Your only way out of this (if you want to remain in the U.S., that is) is to marry the woman of your life NOW and not...."master's", etc. Otherwise it's in China or India you'll have to complete that Master's and you can kiss the U..S. goodbye, with no chance of ever being able to return again. You choose.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with my colleague.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. The prior lawyer was incorrect. Never marry for an immigration benefit. If your reinstatement is granted then you will be returned to F status. However you do have an issue with unlawful presence that you will need to address. I suggest, as with all removal cases, that you retain a lawyer who is very knowledgeable in immigration.


  4. At the very least you will need an immigration attorney to represent you in your removal proceedings. My firm handles removal defense in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, 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.

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