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I am an A2 visa holder. Dependent of my Dad that worked for foreign government. He left already because his terms are done.

Chicago, IL |

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.

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Attorney answers 3

Posted

I won't tell you to get married. But, I will tell you that it appears your D/S has 'expired'.

Meet with an immigration attorney, preferably one with both a US and Canadian license .. yes, they do exist.

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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

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.

Asker

Posted

My father already left and went back to our country of origin. I am living now with my partner which is a US citizen.

Haroen Calehr

Haroen Calehr

Posted

Aha, well than attorney Capriotti is right your out of status. I guess, best thing to do is hope that comprehensive immigration reform will pass this year and perhaps you may utilize this potential avenue to legalize your status OR tell me this, what country are you from? Each year, 50 green card visas are reserved for A or G visa holders who cannot return to their home country. If being a gay is a big taboo in your native country and the state department human right report on your native country has examples of abuse or strong discrimination of LBGT members we "may" be able to apply for a special immigrant visa. Call or email my office for a consult, regards.

Asker

Posted

Philippines

Asker

Posted

will i be eligble for the greencard reserve if im from Philippines

Posted

You should consult with an immigration lawyer to review your case and advise you if you have any other options.

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