Freeport, FL Immigration Law Firms & Lawyers

If you overstayed in the United States on the tourist visa and left the US after turning the age of 18, you are barred from returning for 10 years under present rules. You may apply for a nonimmigrant visa and enter the US if the consul initially refuses your application, agrees to recommend that a waiver be given to you, and the waiver application is agreed to by the Admissibility Review Office (ARO) of DHS. The consul and ARO would look at the seriousness of your violation, extenuating circumstances, reason for coming to the US including necessity for or urgency of, and whether the trip would endanger public safety or national security. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Yes.  H1B visas are dual-status.  That is, they can be treated as immigrant or as non-immigrant visas.  In this case, because you are in F1 status, the H1B application will be treated as a non-immigrant visa change of status application.  You would not risk losing your student status just for applying.  Of course, once the change of status application is approved and your H1B employment begins, you would in fact lose your F1 status and switch to H1B status, but that is the point of the application.

Immigration law is federal and you would likely get the same treatment if you married in Florida or California. You should ensure that your small criminal record misdemeanor is not considered by Immigration to be a crime involving moral turpitude nor that it is one that would make you inadmissible. Upon filing for adjustment of status based on marriage to a US citizen, the main focus of USCIS will usually be on the bona fides of the relationship. I do note that USCIS in past years gave harsh treatment to some expired ESTA holders trying to adjust status on the basis that they had signed away all their rights when they entered under ESTA, but USCIS has largely stopped that practice. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.