F1 expired

[YellowSmurf]

I'm lost and I need some help. Here are brief discriptions of my situation. I overstayed F1. it has been five years. My 1-94 has D/S. I would like to have proper Visa or status so that I can apply for Visa.

With D/S 3year/10year ban will not apply. Is this true?

Do I need i212 or i601? However, I do not have family here.

Do I have to get out from the country first in order to obtain new Visa?


What would be the first step I should take?

[nram]

Do NOT leave the country without talking to an attorney first.

The 3/10 year bars for unlawful presence aren't triggered until you leave the country.

With the D/S admission you aren't unlawfully present until/unless there was a determination made that you were "out of status".

I don't know about the likelihood of such a determination being made without applying for a benefit or being brought to the attention of the service because of something else, like an arrest for example.

The BIG problem is that even if you aren't subject to any bar, you might run into issues with the consular officer abroad when applying for a non-immigrant visa. They can look at your address history, see that you have lived in the US for years (regardless of status) and slap you with a 214(b) refusal for lack of ties to your home country. Unlike a bar which WILL end after a set time period, a 214(b) can literally be impossible to get out of the way because of the "godlike" status of consular officers.

You need to find out if you can Adjust Status into another visa category. Leaving the country should be the LAST option.

[douce]

your best option now is to get a good attorney. I am sure he/she will ask you to get married.
i am out of status right now i wanted to apply for reinstatement but my attorney told me not to do it because it will be almost impossible to be granted. so she told me to get married as soon as possible. I am not married yet but i am planning to do so.

[douce]

Post deleted.

Advice un-becoming.

[Pinkpig]

Do NOT leave the country without talking to an attorney first.

The 3/10 year bars for unlawful presence aren't triggered until you leave the country.

With the D/S admission you aren't unlawfully present until/unless there was a determination made that you were "out of status".

I don't know about the likelihood of such a determination being made without applying for a benefit or being brought to the attention of the service because of something else, like an arrest for example.

The BIG problem is that even if you aren't subject to any bar, you might run into issues with the consular officer abroad when applying for a non-immigrant visa. They can look at your address history, see that you have lived in the US for years (regardless of status) and slap you with a 214(b) refusal for lack of ties to your home country. Unlike a bar which WILL end after a set time period, a 214(b) can literally be impossible to get out of the way because of the "godlike" status of consular officers.

You need to find out if you can Adjust Status into another visa category. Leaving the country should be the LAST option.

Nram, I totally agree with everything that you have posted. You have provided good information.

For sure if you intend to spend more time in the US, consult a trusted immigration attorney who has a track record of positive results before you even consider leaving the US.

[epm525]

Just so you know, the only reason to ever get married is because you love the other person. I hope you can find another way to stay in the country. But if you really do love the other person, then you are in the right place and you will get lots of help here.