Chicago, IL asked in Immigration Law, Health Care Law and Social Security for Illinois

Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious consequences, including deportation and a ban on re-entry to the U.S. However, there may be options available to you depending on your circumstances.

2. If your Social Security Disability benefits have been approved, you may be eligible to receive them if you leave the U.S. voluntarily. However, if you are deported, it could affect your eligibility.

3. Being a COVID long hauler may provide additional considerations for your case, especially if your condition is severe and requires ongoing medical treatment.

4. Some potential options to explore with an attorney include:

- Applying for a change of status to another visa category

- Seeking a waiver of inadmissibility due to your medical condition

- Exploring any paths to legal permanent residency (green card) that you may be eligible for

- Considering voluntary departure to receive your SS benefits

Again, these are complex legal matters that require professional guidance. I strongly recommend reaching out to a reputable immigration attorney or legal aid organization that provides services to undocumented immigrants. They can help you understand your rights, options, and the best path forward given your unique circumstances.

I wish you all the best as you navigate this challenging situation. Remember, there are organizations and professionals who can help - don't hesitate to seek their assistance.

2 users found this answer helpful

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