I am in desperate need of help. I would like to know if there is any relief for one who is out of status.

Brief details;

1) Entered on F-1 but dropped out of college and did not graduate. Overstayed and have maintained continuous presence for over ten years.

2) Have been working without proper authorization off and on. (I have a valid SS card and it does not say "Not valid for unemployment").

3) One misdemeanor infraction, completely settled more than 11 years ago.

4) Married to US citizen since Dec., 1994, but separated a few months later (have not initiated divorce proceedings to date); no children. No chance of reconciliation. No papers for adjustment of status had ever been filed.

I would like to legalize my status and be able to work and travel freely. I would like to be able to go back to school.

I am aware my situation is dire. I need solutions. Any and all guidance is much appreciated. Absent that, please provide some referrals of attorneys/services who might be able to help.

Thank you kindly for your time and attention. I remain hopeful.

My recommendation is to give up hope of ever becoming legal here and returning to your country. Good luck Pedro.

Michael, I am not Mexican and neither is my name Pedro. So cut the crass. As for my country, well, it's as alien to me as the US is to you. I will always remain hopeful. But I thank you for your wishes, ill intentioned or otherwise.

If your words were genuinely intended, all I can say is that you should have said it better. Folks, I welcome all thoughts, but please don't pre-judge or flame me.

Thank you kindly.

The only way you can legalize your status is by marriage to a US citizen. Right now there is no other way. And this better be a real marriage of you can get in big trouble (since you were already married they will look closer). Good luck.

Cayita,

Thank you for your response. I really appreciate it.

My marriage was entered in good faith and we did love each other. I'm sure that I did. She was a single mom and I loved her child too. After we got married, I saw the true side of my wife, and realized that she had intended to take advantage of my situation all along. Anyway, that's the past. I could have easily got married again, but I haven't found the right person, and I will not marry for convenience like many others in my situation.

Cayita,

Suppose by some miracle my "wife" agrees to sponsor me after all these years, will it be successful? Of course I intend to up front with the authorities – that we have not lived as a married couple save for the initial few months, and that we intend to divorce. Would the fact that we have been legally married for ten plus years hold any relevance? That, and the fact that the marriage was entered with good intentions.

Thank you again.

Any other thoughts from anyone?

You will have needed to have been in a good faith marriage which you wont be able to prove simply because you didnt live with your wife but for a few months. Normally had you been with her for the past 11 years in a normal marriage situation then you would have been able to apply for adjustment and more than likley received an immediate 10 year green card. You wont be able to prove that nor do you have any other recourse other than you have lived in the US for the last 10 years. That being the case...it is possible for you to file for a waiver of deportation if and when you are placed in removal proceedings but in order for that to happen you will need to be known by the Immigration. Its a gamble but about all that you have. many missed the last adjustment in 2000. Sorry couldnt help you more.

Folks, this is killing me. I'm thinking of gambling everything and go for a self-petition, throw myself at the mercy of the powers that be and pray for the best.

Any thoughts? Similar experiences? I truly appreciate previous responses from Cayita and lost in us. I have to do something!

I feel for you buddy,
But there is not much you can do! You cannot file for a work Visa as you never graduated and have been out of status too long.

The only way I can think of is getting married. That is the only way... Also that has to be before deportation proceedings are started against you.

Also Canadian immigration might be an option for you too

Hey Buddy
I deeply feel your pain. But plz dont do anything drastic. There is too much to live for. Why dont you consider going back to your original wife(USC) patch things up with her and make a go at it. You will not have any problems meeting the burgen of proof for adjustment of status. At least she is the devil you know.
Good luck.

judy9334 and LegalNut - thank you so very much.

I was in the same boat you are now, only I came when I was in HS in '91. However, I am married happily with kids and did not have problem adjusting and getting my USC. I did hire an attorney to file all my paperwork because I did have a minor offence years back - my attorney was awesome, but that did come with a price as well. I do not think you have a chance to adjust your status or become a citizen unless you patch things up with your wife. For one, she will have to show up for your AOS hearing to prove you two have a legit marriage (and that is just a GC portion). At my N-400(citizenship) interview, I was asked if I was still married, officer checked our marriage certificate again and verified my wife's birth certificate.
I am not a legal expert, so above is just my opinion based on own experiences.

atwitsend, you make it.
File for divorce as soon as possible, if necessary by publication. Marry your girlfriend (if you have one) that is the only way to give you a chance.
Since you have never filed for adjustment of status through your first marriage it should make it a little easier when you file after a 2nd marriage.
Establish joint accounts etc. life insurance on each other to show bonafide marriage this time.

LongTimeHere and dreamstar101 – thank you for the additional moral support. Some days are tougher than the others, you know?

LongTimeHere – realistically, do you think I stand a chance if by some mini miracle my wife decides to sponsor me after all these years? We would not be able to provide any evidence other than a marriage license and mutually agree that it was entered in good faith and consummated.

Also, would you mind terribly sharing the contact details of your attorney? Perhaps I could speak to him/her.

dreamstar101 – could you possibly explain to me about divorce by publication? Is it something like an ad. in the newspapers and then you wait? How long does it usually take or does it vary state by state? Can it be published anywhere or must it be done in the state in which marriage took place?

Thank you so much everyone!!

micheal you go home!

you will need pictures, joint bills, joint trips stubs/pictures, filing TAXES on a joint return basically what any normal married couple living together has. My attorney located in Milwaukee, WI - so I do not know how much help he can be to you. We also have children (me and my wife, not an attorney ), but that is probably not a requirement just a choice.

If you can reconcile and have a normal marriage, you will be able to gather bills (with both of your names on it) and file taxes together for 2004 and etc and after a year you will have sufficient documentation to apply for AOS. If you are just married without any documents then INS officer will probably turn you down at the interview or just give you a conditional GC where you will have to come back two years later (I believe) for another interview and you will need all the documents anyhow. My opinion, unless you willing to make your marriage work or divorce and enter into another marriage you stand no chance of obtaining any legal status in this country. Sorry if I am not telling you what you want to hear.

Hi! Friend, atwitsend.

You are not alone. I am here on F-1 visa, then transfered to H-1B with company A. Three year later, my mother in my home country got serious comma and being taking by my pragnant sister in the hospital. I and my pragnant sister communicated through the phone all the time regarding to my mother situation. My mother had told the doctor who responsible for her case that her heart was broken, because she missed me so much and wanted to see and tough me.The incident happen on the later week, instead of my mother pass away, my pragnant sister died during giving birth to a baby. It shock me so bad. I talked to company A that I worked with , to go back to see my mother and be the center of family.

THe company A refused to let me go, because he needed me to do my job at that time.Few month later, I got fire. I completely got struct here and can not go back home without company A's paper to attach to work visa.

A month later, my mother pass away, I was unemploy.

I got so depress and became drinking and gambling addicted for a while in order to escape from the reality, becuase it was so painfull.

Finally, I got back to Work at company B and got lay-off again. Now, I have no statuse and lose everything. I still get struct here. However, I had filed RIR L_C through company A since I work that time.I don't know what to next.

LongTimeHere – Thank you again.

Immigration being a federal matter, one can retain a lawyer anywhere in the country. I'm diligently looking for such a lawyer, with experience, who can provide a workable POA on complicated cases (rather than someone who charges a consultation fee only to say there is nothing that can be done, or provide some ridiculous hare brained scheme).

I'm open to speaking to your attorney in WI if it's ok with you. Thanks.

cass - I feel for you. What else can I say that we both don't already know? It's gut wrenching. I too yearn to see my family. It's tearing me apart. Good luck to you too, I'll keep a good thought for you.

Keep us informed on this board. I will do the same. Hopefully there is a solution out there somewhere.

website of my attorney: http://www.sesiniimmigrationlaw.com/ which includes all the contact info you will need.

Thank you LongTimeHere

To everyone - I'm considering Canada. How do I make that move? Without a degree? How do I meet the points required to migrate? Would it be easier to gain landed immigrant status than an LPR in the US? Can I then adjust for GC as a landed immigrant?

Obviously this is not the right forum. Could someone point me to the right direction? Thank you.