Legal Question in Immigration Law in New York

Do I have a chance to stay in USA?

I came to USA on July, 1996. In 11 month I lost my legal status. In August, 2001 I was apprehended(no arrest) at Niagara Falls for failure to use established ways. I went alone two times to the court in Buffalo. Judge postponed the case both time and gave me time to get a lawyer. My next court is scheduloed for June, 2003. Is anybody in this country who can help me to stay here, or marriage is my only way? I am 32 y.o., originally from Moldova, have a engineering degree in electronic technology. Thanks for you help.


Asked on 11/29/02, 4:48 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Do I have a chance to stay in USA?

Since you were unlawfully present for more than one year prior to your apprehension (which is considered an arrest for immigration purposes, although not a criminal arrest), the only relief you would have is if you entered into a bona fide marriage with a US citizen. If the I-130 petition was approved, you would be able to adjust your status. There are no other avenues available to you. 245i has ended which would eliminate sponsorship by an employer because you could not adjust your status in the US and you could not visa process abroad because once you departed the US, you would be barred from returning for 10 years because of your more than one year of unlawful presence.

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Answered on 11/29/02, 5:15 pm


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