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View Full Version : Overstayed B2 visa by 2 years, what are my options to get a legal status again?


cuttienyc
May 21, 2009, 09:35 PM
I came to the US on a B2 tourist visa, valid till 2016, 3 years ago in march 2006. I stayed the allowed 180 days, extended my stay for another 180 days of legal stay and then just stayed here illegally since March 2007.

I have a ssn and bank accounts, credit cards, insurance, I work and pay taxes, I just don't have a valid visa. (I was able to get a ssn when I was an exchange student 6 years ago.)

I really want to travel and am also thinking about founding my own company so it would be really important for me to become a legal resident of the US.

I freelance in fashion but I also work for another freelance stylist who would be willing to sponsor me as my employer if that was an option.

I also considered getting married but I am somewhat hesitant since it seems to me that there are a lot of "unknowns" when it comes to that.

I was born and raised in Germany and have no criminal record of any kind (not sure how much that would affect the outcome of this.)

Thank you.

DCcityboy
May 22, 2009, 06:53 AM
You cannot get any nonimmigrant visa or change status to any NIV. Your only options without triggering the 3 and 10 year bars under section 212(a)(9) require you to apply for and be granted permanent residence in the US.

It is unlikely that you can get any employment-based PR, as you are probably not grandfathered for AOS under section 245(I), so your only viable optiojn is marriage to a USC. The AOS is approvable under 245(a) which will forgive the visa I-94 overstay and the unauthorized employment.

If you file as a spouse of a USC, only file if you intend to be married to have a true shared life together and not only for an immigration benefit. Good luck.