Expired B1 Visa Expire over 4 years and still in USA Illegally

thien2004

New Member
My B1 Visa expired over 4 years. I am still hiding in the USA. An Attorney recommended that I should ask my GREEN CARD Mother or my US CITIZEN Sister to sponsor me. However the Attorney also told me to seek for parole or waiver on the visa while pending on sponsorship. Further I was recommended to apply for work authorization while waiting for sponsorship approval. Other Attorney told that I need to apply for F1 Visa on ESL Prog ram at local college. I need advices. THANK YOU.
 

SusieQQQ

Well-Known Member
Not sure how any of that works seeing as your sister’s petition will probably take 15+ years and your mom’s (I’m assuming you’re over 21) will probably take about 7 years. Neither category forgives overstay / allows adjustment from being out of status, and you can’t file for adjustment anyway until the priority dates are current, so I don’t know on what basis you could apply for work authorization. As for the waiver (I assume they are talking about a hardship waiver to overcome the ten year ban you will face when you leave the US), it is also only available when your priority date is current, so that is still in 7 or 15 years’ time.
In my opinion, chances of you being granted a F1 with a 4 year overstay on a non-immigrant visa are zero. In any case you can’t change to F1 status in the US because you don’t have a status to change from, and you can’t get a F1 visa less than 10 years after you leave because of the ban you’ll trigger when you leave.

@newacct may know of an angle that I’ve missed.
 
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