Ask an Immigration Lawyer. Get an Answer ASAP.
Then if you are subject to 212(e), your options are even less. I’ll give you your options now and they are not very good because not much has changed. They are:
1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then you may be able to get Residency if you entered the U.S. early enough.
2) Apply for Asylum (you had to have done this within the 1st year be being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if you fear to return to your home country because you believe that you will be specifically targeted due to your race, religion, nationality, social group or political opinion and that you run a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, you would have to prove that you have been at least 10 years in the U.S. AND you must also prove that if you are deported, a U.S. Citizen or Lawful Permanent Resident that depends upon you will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.
3) If you marry a U.S. Citizen (for love, of course), you could file for Residency through that spouse or also through a U.S. Citizen son or daughter over age 21, BUT, in order to get Residency through this process, you would have to ask for a waiver of 212(e) and those are very hard to get. You can look at this link for more information on that:
I am truly sorry, but your options are few at the moment and marrying an H-1B would not help you.
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