Asked in Immigration Law

Q: Hi, I have a couple of questions about my case which by the way it’s a little complicated.

Got married on June , 5th 2003 in NY but I left the US a month before our first interview on July 19th 2004 due to family problems. I sent a letter to the INS saying that but therefore I had to cancel my case. We remained married and living together until July 2008. Since I was initially in the US I had my job and everything there and for several years I was coming back and forth always on I- 94 visa.

Always paid all my income taxes on time until last year 2014 (including)

I work as a Professional Diver and the Company that I work for in the US for wants to sponsor me and have me there working for them.

Now the problem is that the last time I entered the US on a I-94 and overstayed for almost two and a half years. The question is, could be this situation somehow fixable at this point? Thanks for your help!

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1 Lawyer Answer

A: You either need a waiver, or to qualify for 245i. If you are still married to the same person, start the process again with counsel.

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