F-1 overstayed for 4 years

R

ronaldogiggs

New Member
Hi,

I entered the U.S. in Jan. 2001 with an F-1 visa and I am still here, overstayed my visa. I was also previously in the U.S. in the 90's again with an F-1 visa. I finished my school. My life became so established here that I ended up staying here. Now I'm stuck and I can't go back, which creates a travel restriction on my life, along with other problems. During this time I could've married twice but did not. I also have worked and earned a living, but as a freelance independent contractor, not as an employee. I even filed and paid for taxes. I do not have a criminal record for serious crimes, but had my driver's license suspended twice, once for no insurance, and once revoked for alcohol related DUI, which I reinstated again.

I don't know what to do, but staying in limbo this way is getting really frustrating. Is there a chance I can legally adjust my status to permanent resident any time soon, with or without marriage? I do not want to put this as a burden on someone I would want to marry, I would want it to be a clean marriage.. This is becoming an issue for me and a reason for witholding from serious engagements in relationships.

Thanks for anyone who'd care to answer..
 
Last edited by a moderator:
ronaldogiggs said:
Hi,

I entered the U.S. in Jan. 2001 with an F-1 visa and I am still here, overstayed my visa. I was also previously in the U.S. in the 90's again with an F-1 visa. I finished my school. My life became so established here that I ended up staying here. Now I'm stuck and I can't go back, which creates a travel restriction on my life, along with other problems. During this time I could've married twice but did not. I also have worked and earned a living, but as a freelance independent contractor, not as an employee. I even filed and paid for taxes. I do not have a criminal record for serious crimes, but had my driver's license suspended twice, once for no insurance, and once revoked for alcohol related DUI, which I reinstated again.

I don't know what to do, but staying in limbo this way is getting really frustrating. Is there a chance I can legally adjust my status to permanent resident any time soon, with or without marriage? I do not want to put this as a burden on someone I would want to marry, I would want it to be a clean marriage.. This is becoming an issue for me and a reason for witholding from serious engagements in relationships.

Thanks for anyone who'd care to answer..
Click to expand...

You cannot adjust your status! Only way is marriage
 
how about this new immigration reform Obama is talking about? I'm not Mexican, but wouldn't that help clear my status? Otherwise I am seriously considering leaving in 3 months, possibly never to come back. I don't want to commit years to someone just for status change..
 
Oh wake up, what reform? It'll never pass through the Congress. Bush was talking about an immigration reform too. It means nothing.
 
ronaldogiggs said:
how about this new immigration reform Obama is talking about? I'm not Mexican, but wouldn't that help clear my status? Otherwise I am seriously considering leaving in 3 months, possibly never to come back. I don't want to commit years to someone just for status change..
Click to expand...

Being Mexican has nothing to do with "clearing ones status". Your best bet now is to leave the country....
 
ronaldogiggs said:
Hi,

I entered the U.S. in Jan. 2001 with an F-1 visa and I am still here, overstayed my visa. I was also previously in the U.S. in the 90's again with an F-1 visa. I finished my school. My life became so established here that I ended up staying here. Now I'm stuck and I can't go back, which creates a travel restriction on my life, along with other problems. During this time I could've married twice but did not. I also have worked and earned a living, but as a freelance independent contractor, not as an employee. I even filed and paid for taxes. I do not have a criminal record for serious crimes, but had my driver's license suspended twice, once for no insurance, and once revoked for alcohol related DUI, which I reinstated again.

I don't know what to do, but staying in limbo this way is getting really frustrating. Is there a chance I can legally adjust my status to permanent resident any time soon, with or without marriage? I do not want to put this as a burden on someone I would want to marry, I would want it to be a clean marriage.. This is becoming an issue for me and a reason for witholding from serious engagements in relationships.

Thanks for anyone who'd care to answer..
Click to expand...
how are you able to renew DL? does the state dmv check for your legal status?

if you decide to leave, you may have 10 year ban I think ....
 
ronaldogiggs said:
Now I'm stuck and I can't go back, which creates a travel restriction on my life, along with other problems.
Click to expand...

What do you mean you're stuck and you can't go back? What's stopping you?

By the way I would not be positive that he has the 10-year ban yet, although it is very likely. My understanding is that you don't accrue "unlawful presence" on an F-1 visa until the earlier of 1. Your visa's expiration date, or 2. The school either notifying USCIS/former INS (through SEVIS or otherwise) that you are no longer enrolled, or the USCIS finding out unilaterally and notifying you of revoked status. F-1 visas do not have fixed length. I think it is possible, although not likely, that his school never notified USCIS and although he is out of status it is not unlawful presence for the purpose of the 3 or 10-year bar.
 
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