Legal Question in Immigration Law in Massachusetts

Re: overstayed visa

Unfortunately, your options are limited. Since you are no longer in status, you are not permitted to change to a different nonimmigrant status. Also, the immigration laws generally require that a person show lawful status to be able to apply for a green card in the United States. The 2 main exceptions that individuals look to are 1) marriage to a United States citizen; 2) elibility for a green card under 245i (which would require that you be able to show that immigrant petition or labor certification was filed on your behalf before April 30, 2001). If you were married to a United States citizen, you would be able to apply for a green card as long as you are able to show your lawful entry to the U.S.

The other choice would be to leave the United States, apply for a nonimmigrant visa with a waiver. Once you leave the United States, your 5 year overstay will likely make you inadmissible to enter the United States for 10 years. As a result, if you wish to return to the United States before within that 10 year period, you would need to apply for a waiver.

Since this bar is not triggered until you leave the country, I strongly recommend that you consult and hire an attorney to develop a strategy before you leave the United States.

Re: overstayed visa

That would depend on whether you have a qualifying US Citizen relative who could petition for you. Because you have overstayed your visa and have remained illegally in the USA for more than a year, if you were to leave the USA, you would be barred from returning for 10 years. However, if you had a qualifying U.S. citizen relative (mother/father, spouse, child over 21) you could adjust your status without leaving the USA because you originally entered legally. If you would like to discuss your options further, do not hesitate to contact us. Good luck!