I came here in 1997 in student visa. My visa was valid until i stay with school. But i quit school after 3 yrs and i was out of stat since then. I got married to us citizen 2 and 1/2 years ago and we have 1 and 1/2 yrs old daughter together. Couple days ago, i went to lawyer to see my chance to get green card, the lawyer said, since i came here with student visa and overstayed so long, most likely they will send me back and put 10 yrs bar. She also added, some laws are changing in august of this year which might favour people who are in my condition. What should i do ??
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- Thread starter Lightcz
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Did you come here on a J-1? If so you might be subject to the 2 year HRR, and need to get a waiver. If you came on a F-1 then:
Get a new lawyer, pardon my French but she is full of shit.
If you came here legally originally, it doesn't matter if you overstayed. You are "forgiven" for overstays if you are married to a US citizen. If you still have your I-94 from when you last entered the USA, then you can apply for AOS no problem. Even if you don't have the I-94, you can apply for a copy and get AOS.
This is really basic stuff, was the lawyer you talked to an immigration lawyer? If so she needs to read her law books again.
WHATEVER YOU DO, DO NOT LEAVE THE USA. If you do so, you will get the 10 year ban. You can do this without the aide of a lawyer (and are better off if the lawyer you use is that person). You can find a guide as to what to do here:
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
Get a new lawyer, pardon my French but she is full of shit.
If you came here legally originally, it doesn't matter if you overstayed. You are "forgiven" for overstays if you are married to a US citizen. If you still have your I-94 from when you last entered the USA, then you can apply for AOS no problem. Even if you don't have the I-94, you can apply for a copy and get AOS.
This is really basic stuff, was the lawyer you talked to an immigration lawyer? If so she needs to read her law books again.
WHATEVER YOU DO, DO NOT LEAVE THE USA. If you do so, you will get the 10 year ban. You can do this without the aide of a lawyer (and are better off if the lawyer you use is that person). You can find a guide as to what to do here:
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2
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