Q: F-1 to Green Card even after overstaying visa
I need some advice. I came to the US almost 4 years ago on an F1 visa. During my 1st year, I tried to transfer to a cheaper college which wouldn’t accept me without a transcript from my previous university , but the previous university said I couldn’t get a transcript without paying them off in full so it took me 2 yrs to pay them off, which has me in a rubble since I breached my visa terms. My mother, a permanent resident filed form I-130 the day of my 21st birthday In 2015. I feel stuck, and without the proper advise, I do not know what to do. I know I messed up along the way and I need solutions. Is there a way out? Do I wait on my application to be granted? What should I do? Any advice would be very helpful!
Thank you.
A: You may be able to immigrate to the US through your mother. However, as of August 9, 2018, you may start to incur unlawful presence. Schedule a consultation with an experienced immigration attorney.
A: There is not direct pathway from F-1 to a green card, and while your mother has filed a petition for you, it will likely take years before you can become a resident. Because you have overstayed by more than a year, you will also need to waiver the 10-year unlawful presence bar. If you marry a US citizen, then you can apply for permanent residence almost immediately.
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