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  • unique situation

    Hi,
    Ive looked aroundthe web and called several lawyers but cannot get an answer on my situation. I came to the US on a visitor visa(im a kenyan citizen) and applied for school on an I-20, the school let me continue my classes while my student visa was being processed, and eventually denied. when the time came for graduation, I applied for an EAD with my I-20 for practical training and it got apporved at which point I obtained a Valid Soc-sec # and got employment. My employer applied for an H-1 visa which got approved for 3 years but then I received a letter from INS stating that my EAD was issued by mistake and that I should return it, which I did. I eventually got laid off and have overstayed my H-1 for almost 3 years now, during which time I have fallen in love with a US citizen and we are planning to get married. My question is considering these circmustances is it possible for me to become legal or do I have to leave the country with my wife to settle in Kenya

  • #2
    Do not leave the US or you will incurr a ban based on your overstay. Your US citizen spouse can file for your GC, and your overstay will be forgiven.

    There are many postings on various forums and online with instructions. If you have any doubts, consult with an attorney.

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    • #3
      Originally posted by C4us
      Do not leave the US or you will incurr a ban based on your overstay. Your US citizen spouse can file for your GC, and your overstay will be forgiven.

      There are many postings on various forums and online with instructions. If you have any doubts, consult with an attorney.
      SO it is a fixable situation? thats all I need to know. Im definately going to use the services of a lawyer if it is fixable.

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      • #4
        It is fixable. Be sure you are dealing with an immigration law specialist.

        I will send you a Private Message if you have them enabled.

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        • #5
          Originally posted by C4us
          It is fixable. Be sure you are dealing with an immigration law specialist.

          I will send you a Private Message if you have them enabled.
          Hi C4us,
          I just enabled it. I would appreciate any extra info you can provide me with. I want to be prepared as much as possible. Thanks once again.

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