Legal Question in Immigration Law in Nevada
I had entered the U.S. 9 years ago with an F-1 visa, studied and finished my school. Yet my life was so established here that I ended up overstaying. Now I\'m stuck and can not go. I have worked and earned a living in this time, yet as an independent contractor, not as an employee. I do not have serious criminal records, but a driver\'s license revocation due to Alcohol related DUI. I had reinstated my driver\'s license last year. Is there a chance I can adjust my status to legal resident here? Is it possible with or without marriage?
2 Answers from Attorneys
Marriage, as you probably know, is the most common route. That will waive the unlawful presence and unauthorized employment you have accumulated all these years. So is having a citizen child over 21 petitioning for you.
You could get an employer to file an immigrant petition for you, but the problem is, with the unlawful presence of more than a year, you would have to get back to your native country to receive the immigrant visa and the act of leaving the US will trigger the 10-year bar to return. It will be extremely difficult to overcome the bar if you have no qualifying relatives such as US citizen or resident spouse or children.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
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The brief answer: no, you cannot adjust status to that of a lawful resident in USA unless you are petitioned by a US citizen spouse, a US citizen parent or US citizen hcil over 21 years of age.
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