Legal Question in Immigration Law in New York

Re: Adjustment of status

If you overstayed your tourist visa then you may not be able to do adjustment of status in the U.S. to most categories (except for spousal petitions) and may have to apply for an immigrant visa (possibly based on your parents' permanent residence status though it would take a long time or on another applicable basis) from outside the U.S. If you are in a valid non-immigrant status now (such as, on a student visa), then you have several options to convert to an immigrant status and eventually obtain permanent residence.

There are many other requirements specific to each category of an immigrant visa based on your personal data that I cannot go into in a brief message but would be happy to discuss with you over the phone.

Re: Adjustment of status

There are a number of important facts missing from your report. Did you ever apply for any kind of student visa? How old are you? Are you in a relationship that might develop into marriage? Since you are close to graduation, I would urge quick action to deal with this situation. We have had a great deal of success helping people with similar problems. Please give us a call and make an appointment. (212) 387-7787.

Re: Adjustment of status

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

You raise several issues. First, you are out of status and therefore in this country illegally. Second, if you are enrolled in a U.S. dental school, do you not at least have a F-1 (student visa)? If not, consult your university - F-1 student visas are typically obtained through the universities - at least that may get you into status, albeit temporarily. You can then covert to a temporary work visa if you can find an employer to sponsor you.

Otherwise, as a general rule, it is better to obtain permanent residency through family immigration than through employment. However, the fact that you are currently out of status means that in theory you are subject to deportation at any time and further complicates your situation.

A potential game plan for you is as follows:

1. The F-1 route as described above.

2. Presumably you are over 21 and no longer a dependent of your U.S. citizen parent. Nevertheless, look into your U.S. citizen parent filing a I-130 on your behalf - understand that if you qualify, your preference may be low and take some time to process.

3. If you want to practice in this country, you will need an employer to sponsor you for a temporary work permit. Find some one who will while your U.S. citizen parent's I-130 on your behalf is pending (assuming you qualify).

4. Yes, you can marry a U.S. citizen and, after two years, petition for permanent residency - you still need authorization to work.

5. Join the U.S. government or U.S. military as a dentist - there are special provisions pertaining to becoming a citizen if you do.

You may elect to pursue several routes simultaneously to protect yourself. But you should proceed as soon as possible.

I hope that this has been of some help. Thank you again.