Expired F-1 Visa, married to USC

yeti

New Member
Greetings everyone,

I entered US as a F-1 visa holder and I attended the school for a couple of years before I took some time off. When I wanted to go back to school, I was advised to apply to re-instate my status due to some gaps. That was a big mistake I made. Sadly, I was denied and was given a date to leave the country. I believe it was from an INS office not from the immigration judge/court. It also stated that if I did not leave by that date, then my name would be in some kind of warrant lists for deportees!!

That was back in 1996!! I'm still here. :D

Now that I've been married to a USC :cool: for more than three years. We have two beautiful daughters. I have always had this fear that I would not be issued the GC or I would have to leave the country to apply for one from outside US because of my "deportation letter" back in 1996.

Now for the sake of my wife and the kids, I'm beginning to consider to apply for GC without leaving the country.

Does any body know a similar case as mine? What was the final result?

Or,

can any body give me advice or suggestions what to do next?

What are my chances in getting a GC without leaving the country?

I am going to hire a lawyer but my intension is to not tell him regarding this letter, unless he asks me.

Any feedback will be greatly appreciated.

Thank you very much for taking time to read my post.

Sincerely,
Yeti
 
Here's what I know for sure:

Do not leave the United States. The only feasable way for you to obtain a GC is if you stay here. If you leave, you would be barred from entering US for 10 years and to obtain a waiver for this rule is extremely difficult.

Do hire a good attorney. You don't have to tell him/her about this post (even if asked) but DO TELL him/her everything else. They can't report you or anything but they need every single piece of information pertaining to your case so they can handle it properly.

It will take some time, waiting and money but at the end you will be OK.

Good luck!
 
Thanks for a quick reply George. I really appreciate it.

I feel much better now to hear that at the end, everything will be OK.

Excellent.

Regards, and thanks,
Yeti
 
1. Get a GOOD lawyer. The best is by recommendation. Make sure that he or she has dealt with cases like yours. If not, it could cost you a lot of money for nothing.
2. Don't leave the US.
3. Play the DV lottery. If you are illegal, through DV you can still get GC. There is a loophole, but to work it out you MUST have a lawyer.
 
blue25 said:
3. Play the DV lottery. If you are illegal, through DV you can still get GC. There is a loophole, but to work it out you MUST have a lawyer.

What are you talking about? Yeti has been married to USC for over 3 years. What lottery? What loophole? What "MUST have a lawyer"?
 
duh, with lottery if you cannot adjust - you cannot adjust. If you are not in legal status - you cannot adjust it to permanent residency with the help of DV.

Now, if you are married to a USC - your illegal stay is pretty much forgiven.
 
LucyMO said:
Now, if you are married to a USC - your illegal stay is pretty much forgiven.

Even if I had received that deportation letter from the INS?

Thank you so much all of you who replied. I'm getting more confidence now. I have found a very good lawyer (22 yrs experience in INS matters) here in town. :)

Regards,
Yeti :cool:
 
in your case I would consult a lawyer. Do research whether you received a voluntary departure offer or a deportation offer. That may make a difference. Good luck!
 
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