Out of Status Since August. Can my girl friend sponsor me for a change of status while in US?

Asked almost 2 years ago - San Francisco, CA

I was on H1B. My employment with a company ended on 1st August 2012. Since then, I have been out of status and actively looking for employment. I haven't left US because my girl friend (US Citizen) is here and wanted to try my best to find employment before I leave because she is working for an Organization and is committed until Aug 2013. So, she cannot go with me if I left.

I decided to leave in January if I can't find employment. In the mean while, my girl friend asked me if there is anyway I can change status while in US that could potentially be sponsored by her and would allow me to stay longer.

Since my arrival in US as a student, this is the first time I have ever been out of status.
When I contacted an attorney, she assured that I am out of status but not illegally present.

Attorney answers (6)

  1. Hendrik Tjaart J Pretorius

    Contributor Level 12

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    Lawyers agree

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    Answered . There are many details to consider and discuss with an immigration lawyer in this situation. The general rule is that in most cases, assuming you are not inadmissible due to past crimes, immigration violates, etc, you should be able to apply for your permanent residency through a USC spouse. Again, there are many issues that need to be discussed however to ensure that you would qualify for LPR status. Further, contrary to the advice you seem to have gotten before (unless there are facts not provided herein that I am missing), if you no longer work with the company that sponsored your H-1B you are most likely unlawfully present and accruing unlawful presence at this time which have their own set of specific rules to consider in making this all-important decision. I would suggest contacting an attorney in your local area whether our firm or another immigration attorney.

    Legal disclaimer: The above statement is only intended to be general in nature and in no is to be taken as... more
  2. Marilynn Mika Spencer

    Contributor Level 20

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    Answered . I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. Hasan Abdullah

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . If she marries you, then the process is relatively straightforward to file an immediate relative petition along with an I-485. If not, then you'd better not overstay and leave after being out of status for 6+ months, or else you'll trigger a 3-year bar of inadmissibility.

    You may click the link below to find some useful free attorney-prepared self-assessment tools relating to these cases.
    www.immigrationease.com

    Good luck!

    Hasan Abdullah, Founder of ImmigrationEase: www.immigrationease.com (providing user-friendly do-it-yourself case... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . A girlfriend? No.
    A spouse? Yes.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Myron Russell Morales

    Pro

    Contributor Level 16

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    Answered . If you marry, she should be able to sponsor your for lawful permanent residence.

  6. Lalita Haran

    Contributor Level 14

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    Answered . You should check with an immigration attorney to find out about the unlwful presence issue. I do not see enough inormation in your post to agree with what you were told by another attorney. Please seek private consult instead of putting your personal information on a public forum. Best Wishes!
    Lalita Haran
    13295 Illinois st ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

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