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    Jonah28's Avatar
    Jonah28 Posts: 1, Reputation: 1
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    #1

    Nov 5, 2013, 12:47 AM
    How can I adjust my status and get a green card here in the US?
    Hello,
    I am a 22 year old young professional living here in the United States. English is my first language and I can speak basic Spanish. I came to the US on a work visa but it has expired and I have fallen out of status. I have no criminal records or bad employment history and I have completed my bachelor’s degree prior to my arrival. However I wish to work and enroll into school to further my education here. I will willfully pay my taxes and adhere to US laws and policies while gladly accepting second class low paying jobs for a living. Is there any way in which I can adjust my status and get a green card?
    Thank you
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Nov 5, 2013, 06:18 AM
    Because you are here now illegally.. (you said your status expired) you will most likely have to return to your home country to reapply.

    Green cards are issued based on a lottery... with quoatas based on individual countries every year... they aren't handed out to everyone who asks. And they don't hand them out to illegals ahead of people who have been following the rules and are waiting their turn in line.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #3

    Nov 5, 2013, 06:54 PM
    One way is to (genuinely) get married to a U.S. citizen.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Nov 5, 2013, 07:05 PM
    Quote Originally Posted by newacct View Post
    One way is to (genuinely) get married to a U.S. citizen.
    And that is not a sure thing... and can really complicate things.

    I personally went through that with my wife, 22 years ago, (she never even came here until after we were married) I married her while living and working overseas... she actually had to leave the country before they would process her application after repeated attempts. And have a friend who did that... even had a child here... but her application (his wife) was refused repeatedly... and even with a lawyer fighting for 10 years was ruled (final ruling) that she would never get a green card (she has NO criminal record).

    One thing is certain... it's a painful, expensive and frustrating process.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #5

    Nov 7, 2013, 08:12 PM
    When did your visa status expire? It will be the date of the most recent I-94 generally. If it has been less than 180 days, and you leave the US, you will not be subject to the 3-year bar under 212(a)(9).

    You could then file for another visa. It would still be difficult as you've been in the US, and working.
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