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I have been out of status for almost 6 months, is this will be a cause of rejection of my application for a green card?

San Francisco, CA |

I am a married son of a US citizen mother. My mother would file an application for green card for me. I have been out of status for almost 6 months, is this will affect my chance to be a permanent resident?

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Attorney answers 5

Posted

Yes, this is a gigantic problem.

You can not get your greencard without leaving the US ... meet with a lawyer immediately.

Right now you only need a waive of the 3 year bar .. if you stay any longer you may have a 10 year bar.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- 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.

Asker

Posted

Actually after 2 weeks I will be exactly 6 months out of status, what you recommend me to do?

F. J. Capriotti III

F. J. Capriotti III

Posted

1. Buy a plane ticket to leave the US before that 6 month mark 2. Talk to an immigration lawyer before you leave.

Asker

Posted

Because I am from Gaza Strip. How about if I apply for asylum before the end of the 6 months? Is this will prevent the 3 years bar?

F. J. Capriotti III

F. J. Capriotti III

Posted

Well that's a pretty important fact that you didn't tell us in the beginning. What other facts are we not aware of? It doesn't matter. Your choice is now quite clear: Pay for a consultation with a lawyer .. the time for free internet blog questions is all over.

Posted

You cannot adjust status from this petition unless you continue to maintain your status.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Asker

Posted

Actually after 2 weeks I will be exactly 6 months out of status, what you recommend me to do?

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

It is best to leave the U.S. ASAP. If you go over 6 months and collect unlawful presence you will be barred for 3 years. IF you go over one year there is a 10 year bar. When you priority date is current you will consular process to get your immigrant visa.

Asker

Posted

Because I am from Gaza Strip. How about if I apply for asylum before the end of the 6 months? Is this will prevent the 3 years bar?

Posted

Yes. You will not become an LPR from inside the USA without extensive and rather targeted intervention of G-d. You wait until you reach that 6 months threshold and you will not be able to get your immigrant visa for the three year period immediately following your exit of the United States. You continue this marathon to reach a 365 days threshold and you will not see that immigrant visa for the 10 year period immediately following your exit of the United States. As to potential availability of a waiver for you, schedule an in-person appointment with an immigration attorneys for a detailed and useful discussion. It will not be free, I know, but might be useful.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Actually after 2 weeks I will be exactly 6 months out of status, what you recommend me to do?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I provide free information. I consider it my service to the community I relate to. I do not, however, give out free recommendations. Such activity I only offer for pay.

Asker

Posted

How much does it cost for first consultation with you?

Posted

Leave before the 6 month anniversary and talk to a lawyer before you go.

Asker

Posted

Because I am from Gaza Strip. How about if I apply for asylum before the end of the 6 months? Is this will prevent the 3 years bar?

Maria J. Marty

Maria J. Marty

Posted

Don't know the answer to that. I would need to have a consultation and then do some research. Sorry but you needed to address this before now, it's very late to do anything but leave.

Posted

Only immediate relatives who fall outside of the preference system can have this forgiven by a relation to a U.S. citizen. Consult with an attorney to see if there is any way in your background to get a legal status for you. Once you have 180 days of unlawful presence, your exit from the U.S. will trigger the three year bar to re-entry. If you accrue more than 365 days of unlawful presence, then you will trigger the ten year bar to re-entry. It sounds like you need to consult with an attorney asap.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio

Asker

Posted

Because I am from Gaza Strip. How about if I apply for asylum before the end of the 6 months? Is this will prevent the 3 years bar?

Myron Russell Morales

Myron Russell Morales

Posted

The bar only applies if you leave the U.S. after accruing that amount of unlawful presence. I am not positive that an application for asylum would toll the accumulation of unlawful presence, but sometimes we can still get an extension of a visitor's visa or find another way to help you.