Portland, TX Immigration Law Firms & Lawyers

You may file an application to extend your stay on Form I-539, attaching documentation supporting your good reason(s) for extending your stay for another 3 months. I recommend that you consult with an immigration lawyer first before filing the application.

Was this based on a Blanket L petition? I think that you need to take your documents to an attorney and have them review the PED on your visa along with the other documents to be sure that you have not violated your status. It does not sound like you did, but it is difficult to make that determination for sure without seeing your documents.

The answer depends on how you entered the U.S., with a visa or illegally. If you were admitted on a visa and overstayed your admission, you wife can file an immigrant petition for you, and you can apply for adjustment of status (i.e. for a "green card"). If you entered the U.S. illegally, the situation is more complicated. Under the present law, you are not eligible to adjust status even if your wife files an immigrant petition for you and it gets approved. The only benefit that you appear to be eligible for is the deferred action under the executive policy recently enacted by President Obama: if your application is approved, you will receive an employment authorization card (and can apply for a Social Security number and driver's license). If you leave the U.S., you could apply for a waiver of inadmissibility, but it will involve living in your country for quite some time (from several months to 1.5 - 2 years), and there is no guarantee that the waiver will be granted. If Department of Homeland Security places you in removal proceedings, depending on your wife's medical condition and numerous other factors, Immigration Court might grant you cancellation of removal (meaning that, instead of being deported, you would get a green card). Strangely enough, it is the only process that might give you a lawful status in the U.S. (without your leaving the U.S.). However, it is very difficult, and you can end up being deported. Besides, you cannot apply for being placed in removal proceedings: DHS has to start them against you. It might not happen for years; it can happen any day. And you should be ready. Retain an immigration attorney who can analyze your case in details and help you select the best option - and who will be prepared to act when DHS discovers your presence in the U.S. and starts removal proceedings against you.