Legal Question in Immigration Law in Ohio

Hi,

I came to USA on F1 student visa and from three years am out of status but working and paying taxes from last three years. My visa is still valid till 2011. My parents recently got Green card and they are in States. They are willing to sponsor me . Is there any chance i can be legal?

Thanks in advance for reply


Asked on 1/18/10, 4:33 am

1 Answer from Attorneys

Philip Eichorn Hammond Law Group

At present, you appear to have two options. One, you can have your employer file an H-1B visa for you (assuming you qualify). You would have to leave the status as you've been out of status, but as long as there has been no finding by a district director, you would not have unlawful presence bar and therefore you could reenter. Any time an fn leaves the states, its risky. Two, your parents can naturalize and file for you. However, you would be a first preference visa case and you would likely not be able to adjust status for several years.

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Answered on 1/23/10, 6:47 am


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