Can B1B2 overstay go for a Green Card without marriage

[MBansal]

Hi, Would like the opinion from fellow forum members on the below issue:

I am in US on B1B2 visa, while my wife and kid are in our home country. I have joined my cousin in his business. Is it possible for me to go for Green Card?
Please advise.
Thanks.

 

[Triple Citizen]

Employment or family based?

Is it possible for me to go for Green Card?

 

[nscagony]

It doesn't matter Trip. Only spouses can ask for waiver of unlawful presence. If you stayed here unlawfully for 6 month or 12 month you will have to serve your 3/10 year bar first before being able to obtain a green card. The only other option would be for your wife to obtain a green card, become a citizen, and then petition for you in 6 years or so.

 

[MBansal]

Hi, Can you please explain me what a 3/10 year bar is? Thanks

 

[Triple Citizen]

My question was to ask the OP what avenue he had in mind and whether he had a sponsor either way

It doesn't matter Trip. Only spouses can ask for waiver of unlawful presence.

 

[nscagony]

If you overstay the date on your I-94 for more than 6 month, you can't adjust your status or get any visa (including GC) for 3 years. Over 12 months for 10 years. If you claimed that you are a US citizen to get your current job and to avoid having to prove your immigration status, you are bared from adjusting your status or getting a visa for life.

 

[MBansal]

I still have several months before the I-94 expires. My cousin brother can sponsor me as an employee. But how to go ahead with this as I am on B1B2. Do i have to get my visa class changed to H or something else. Please advise.

 

[Triple Citizen]

Your cousin needs to take care of this, not you.

Please advise.