Legal Question in Immigration Law in Texas

Re: Legal Status Question

Hi Bruce

Outside of another marriage to a US citizen, you will have to obtain your visa from a U.S. Consulate in your own country. However, it's possible that you may not need a waiver of the overstay reentry bar if your I-94 card has D/S or Duration of Status instead of an expiration date.

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Re: Legal Status Question

Once you overstay, if you want to adjust status or regain temporary status through employment, you have to do so outside of the US.

If you leave the US, you will be barred from reentering for 3 years if you overstayed 6 months or more, and for 10 years if you overstayed one year or more.

There are waivers for the overstay, but not routinely granted, and I recommend you retain counsel to advise you further before taking any action.

Additionally, Congress is negotiating an immigration bill that might offer relief. Know that normally when new immigration relief is enacted it almost always require a period of time of residency, even if illegal, in the US. I strongly recommend you do not leave until the parameters of the law are established.