Legal Question in Immigration Law in Maryland

I have been out of f-1 status for 4 yrs any help? USCIS made a wrong judgment on my case. the school wrote me a supporting letter but ti was past the 33 days needed for a motion to open/reopen my case any help. I have two American born children and my wife is h-1b


Asked on 2/26/11, 1:16 pm

1 Answer from Attorneys
Attorney Caro Kinsella Law Offices of Caro Kinsella

The problem here for you is if you leave the U.S. You will trigger a 10 year bar, and will need a waiver to overcome your 4yr unlawful presence. This waiver would be based on extreme hardship to your children, as they would be the qualifying relatives. I am very reluctant in telling clients to leave the U.S.

I would suggest you file a Nunc Pro Tunc H-4 petition. Contact my office for a free consultation & explanation on how best to proceed.

Caro Kinsella

Immigration Attorney

954-304-2243

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Answered on 2/26/11, 2:23 pm


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