Q: Options for adjusting status after a 6-year visa overstay in Texas.
I have overstayed my visa by 6 years and am seeking options to adjust my status to remain in the United States. I currently have no family members who are U.S. citizens or permanent residents that can sponsor me, and I have not yet filed any forms with USCIS. What steps should I take to proceed with my case?
A: You really have only one pathway to adjust status to get a green card based on your situation. Since you did enter the United States with permission and you have overstayed your visit, if you get married to United States citizen, then you could adjust status to get a green card. In rare circumstances, you could also qualify for a U visa (leading to a green card) if you are a victim of a violent crime and you assist the police in apprehending the suspect. But that is such a remote chance of happening.
A:
Because you've overstayed your visa by more than one year, you're facing a significant hurdle called the "10-year bar," which typically prevents reentry into the U.S. if you depart. Given your situation—no immediate family members who can sponsor you—your options for adjusting status while remaining in the U.S. are limited.
One possibility to explore is asylum or withholding of removal, provided you fear persecution or harm in your home country based on race, religion, nationality, political opinion, or membership in a particular social group. Another route could involve seeking protection through a U-visa if you've been a victim of certain crimes and have cooperated with law enforcement. Additionally, consider evaluating your eligibility for Temporary Protected Status (TPS) or Deferred Action programs if you originate from a qualifying country or situation.
Consulting with an immigration attorney immediately will help you understand these options and carefully plan your next steps. They can also guide you in addressing potential issues proactively, such as gathering necessary evidence or preparing applications, which may improve your chances of achieving lawful status without having to leave the U.S. Remember, taking timely action is critical in your case to minimize potential legal consequences.
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