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-   -   Overstayed B2 visa by 2 years, what are my options to get a legal status again? (https://www.askmehelpdesk.com/showthread.php?t=356576)

  • May 21, 2009, 09:35 PM
    cuttienyc
    Overstayed B2 visa by 2 years, what are my options to get a legal status again?
    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.
  • May 22, 2009, 06:53 AM
    DCcityboy

    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.

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