Unique Situation

O

orestes79

Registered Users (C)
Hi,
Ive looked aroundthe web and called several lawyers but cannot get an answer on my situation. I came to the US on a visitor visa(im a kenyan citizen) and applied for school on an I-20, the school let me continue my classes while my student visa was being processed, and eventually denied. when the time came for graduation, I applied for an EAD with my I-20 for practical training and it got apporved at which point I obtained a Valid Soc-sec # and got employment. My employer applied for an H-1 visa which got approved for 3 years but then I received a letter from INS stating that my EAD was issued by mistake and that I should return it, which I did. I eventually got laid off and have overstayed my H-1 for almost 3 years now, during which time I have fallen in love with a US citizen and we are planning to get married. My question is considering these circmustances is it possible for me to become legal or do I have to leave the country with my wife to settle in Kenya
 
How long did it take for you to receive a denial for your Change of Status to student? 4 years (the time it took you to graduate?).

This is a pretty shady immigration story, but I think you may be able to Adjust your status in the USA.

Whatever you do, do not leave the country until your Green Card is approved, you are subject to a 10 year bar from re-entering the USA due to your illegal presence.
 
orestes79 said:
What is CP? Do you think the fact that my EAD was issued my mistake will complicate matters?
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Ignore that, CP = Consular Processing at your home country, but you should not leave, if you do, you will be in BIG trouble.

Everything about your immigration history may complicate your case.
 
Its not shady

PraetorianXI said:
How long did it take for you to receive a denial for your Change of Status to student? 4 years (the time it took you to graduate?).

This is a pretty shady immigration story, but I think you may be able to Adjust your status in the USA.

Whatever you do, do not leave the country until your Green Card is approved, you are subject to a 10 year bar from re-entering the USA due to your illegal presence.
Click to expand...

No I got the denial while I was attending school. I did appeal for the case to be re-opened and never recieved any sort of answer from INS. I realize that for my part I made a mistake by continuing my studies while being here illegally. I have been otherwise pretty good with everything else, I pay my taxes and file an so on.
 
but you should not leave, if you do, you will be in BIG trouble.
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Actually, that depends.
If his I-94 had an exact expiration date, that was overstayed for more than 180 days, he will be in trouble.
 
raevsky said:
Actually, that depends.
If his I-94 had an exact expiration date, that was overstayed for more than 180 days, he will be in trouble.
Click to expand...

I have 2 I-94 cards. One for my visitor visa, and the other one for my H-1 and both had an expiration date on them.:(
 
You studied on a denied visa... even if you appealed, you never got an "approval".

You applied for OPT, on no legal basis and H1B on no legal basis...

You overstayed your H1B.

You were lucky enough to fall through one of those USCIS' cracks.

It IS shady, but not as bad as this:

Wolfang said:
I came to the us in 10/94 as a visitor extended my stay once for 6 months
after that year, became out of status manage to obtain a SSC and obtain employment by lying since my ssc had not restrictions I posed as a US citizen
for 13 years, got married to a US citizen, first application 1999 denied cause of abandonment they claim that never received the additional evidence which I sent (certified court disp.) on an assault and battery which was dismiss.,picked up three more criminal cases in the past eight years so i did not reapplied cause this cases were pending eventually two cases dismissed for Insufficient evidence and or failure to prosecute the third case a DUI, I took it to jury trial and I beat it "NOT GUILTY" discharge., decided to reapplied in 2007 I checked "yes" if you ever been arrested on I485, my interview letter just came in the mail I did lied in my I485 did not disclosed that I went to my country in 2002
for almost 5mths and 29 days on the same B1-B2 on the expire passport no problem at Miami POE should I tell the truth about my trip in 2002 :( by the way my I130 and 765 both approved want to kill myself im an idiot...:mad:
ANY FEEDBACK WILL BE HIGHLY APPRECIATED THANKS
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PraetorianXI said:
You studied on a denied visa... even if you appealed, you never got an "approval".

You applied for OPT, on no legal basis and H1B on no legal basis...

You overstayed your H1B.

You were lucky enough to fall through one of those USCIS' cracks.

It IS shady, but not as bad as this:
Click to expand...

SO I should not apply? what are you suggesting, im so confused now
 
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