i got a CD1 visa i just want to know is there any way i cud be legal in the U.S.? Should i marry a U.S citizen to be legal, are the immigration approved that?

Hi Chefruth,

I assume you have C1/D crew member visa. Any alien who enters the US using C1/D is ineligible to adjust status within the US to the one of permanent resident.

I am sorry to hear about your father. I am almost certain that, even if his petition for you had been approved, you would have to go back home and do the consular processing.

The same is true if and when your spouse, US citizen, petitions for you.

You have a lawyer. Has he/she ever mentioned to you that you can not change your status without first going home?

How long have you been in the US (9+ months) ? Are you aware of the bans (3, 10 years) for overstaying?

Was your father US citizen? If yes, for how long? How old are you?

yah im a crew member and when i finish my contract i planned to visit my dad but it so happened that my dad didnt allow me to go back in our country coz he told me i culd adjust my status so we get a lawyer. my lawyer advise me no need to go back in my country coz i can just adjust my status but my father died hes a U.S citizen for 10 yrs. im here for almost 9 months now. my lawyer didnt tel me he said the only thing i cud do is to marry a U.S citizen and hes waiting for a new bill coming 2 yrs from now. and my I-130 is overdue my petition approved when i was 20 yrs old so it means im under age but now im 25 yrs old. i really dont know what will happen to me but i have brothers and sister who are citizens. pls help me . thanks

It may be a good idea for you to get a second opinion from a different lawyer.

What do you mean by "and my I-130 is overdue my petition approved when i was 20 yrs old so it means im under age but now im 25 yrs old". Didn't you mention in other post that your I-130 hasn't been approved yet?

http://uscis.gov/graphics/howdoi/LPReligibility.htm#k :

"Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be ineligible for adjustment to permanent resident status if:
- You entered the U.S. while you were in transit to another country without obtaining a visa.
- You entered the U.S. while you were a nonimmigrant crewman
...."

MY PETITION APPROVED YEAR 2000 AND THE PROCESSING TIME IS 900 TO 990 DAYS SINCE THE DAY APPROVED RIGHT FOR I-130. BUT ITS ALREADY 2005 SO IT MEANS OVERDUE. MY I-130 HASNT BEEN APPROVED UNTIL NOW. DO YOU THINK MY SISTER WHO IS USC CAN CONTINUE MY APPLICATION. EVEN MY I-130 IS NOT APPROVE?

I FINISHED MY CONTRACT FIRST BEFORE I ENTERED HERE I HAVE A VISA. THE EXPIRATION IS 7TH OF SEPT. AND MY FATHER DIED 9TH OF SEPTEMBER.

THANKS

This message has been edited. Last edited by: chefruth,

I don't understand...USCIS is now processing petitions I-130 USC citizen filling for child under 21 (which was your category at the time of filling) from March/April 2005. And you are saying you haven't heard back since the Notice of Action from 2000?

If your I-130 hasn't indeed been approved, your siblings cannot sponsor you (95% sure) in connection with your father's petition.

In your situation, there are many details that need to be carefully evaluated by an expert. I don't think you current lawyer is in that category.

Overstay counts from the day your authorised stay expired (that's usualy 3 months from entereing). It doesn't matter how long is your visa valid. My guess is that you've accumulated about 6 months of unlawful presence so far. That will complicate any future immigration process.