Legal Status Question
Hello Law Gurus
I am international student. I have a question about my legal status in America.
I came here in Student visa ( F1) , finished my study, finished my OPT and Over stayed in USA. During that time I got married to American Citizen. Marriage did not lasted long and got divorced in 6 month period. I did not filed for residency or work permit during that time as I was pretty much sure we will be staying together. Now I do not know how I can be back in legal status gain. I am recently divorced( less then a month ). Is there any way I can get back on legal status, may be F1 or H1. Is there any one can and willing to help?
Any kind of advice and suggestion is appreciated
Thank you for your time and considering
2 Answers from Attorneys
Re: Legal Status Question
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.
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