Q&A: Is there a chance I can fix my immigration issue?(7/7/11)


Question: My problem is: I came here in USA as C1 last year March 2010 and I meet the guy and now I’m married with the US citizen… if there’s any chance to fix my papers because I don’t wanna go back home and leave my husband alone. Please help me… thank you and I hope you can help me… I really appreciate it…

Answer: C1 visa is for the purpose of transit from the US to another country.  C1 visa holders cannot extend, change or adjust status in the US unless protected by 245i.  Since you came in last year, you are not protected by 245i and you cannot adjust your status to permanent resident even if you marry a US citizen.  You will have to leave the US and apply immigrant visa in your home country.  You will be subject to the 10 year bar if you overstayed your permitted stay in the US for more than 1 year and then depart the US.  You will then need a hardship waiver to overcome the 10 year bar.  Please consult immigration lawyer for advise.