So I came to the country approximately 2 years ogo as a visitor. I was given 6 months to stay however 1 month before I was meant to leave, I apply to extend and only heard back from them 5 months later. They never approved my extension and asked me to leave. Its since been 1 year. I just want to know if there is any hope of fixing my situation. I currently obtained my ITIN and EIN as I’m running a business.
The overstay can be forgiven through adjustment of status but only through good marriage to a USC. Otherwise it is advisable that you depart the US immediately as to not accrue additional unlawful presence.
Overstay status is forgiven when sponsored by a US citizen spouse.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
• Three Years. If you spent more than 180 continuous days (approximately six months) in the U.S. unlawfully and then left voluntarily (before being caught and placed into removal proceedings), you could be barred from coming back for three years.
• Ten Years. If you spent more than one continuous year in the U.S. unlawfully, and then left for whatever reason (including being deported), you could be barred from coming back for ten years.
These unlawful presence bars only apply if you leave the US. Could you get a green card without leaving the US. You could if you enter into a bona fide marriage with a US citizen or have an adult US citizen son/daughter sponsor you for a green card.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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