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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105635
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Mr. Senmartin - As per you legal advice about adjustment of

Customer Question

Hello Mr. Senmartin - As per you legal advice about adjustment of status with an A1 visa. I researched leaving the US for Canada, in doing so it was brought to my attention that my visa was stamped with D/S which i understand means means duration of status. With that stamp do i have another option available to me other than getting married to an american or leaving the country? Please see below for my original question -----
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Good morning have a question about adjusting my visa status and what options are available to me.I came to the country on an A1 visa with my mother. My visa is currently 15 plus years out of status. I have an MBA and CFE and belong to a professional organization (Association of Certified FraudExaminers) Im also thinking of getting my Doctorate/ DBA.Can i adjust my status to F1 and get an OPT to join the air force thereby getting green card faster? or do i qualify to adjust to EB2 and will i be able to adjust status with out of status A1 visa? If i find a company willing to sponsor me for H1b visa will it be possible to adjust to that with an out of status A1 visa?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Thank you for requesting me by name. Unfortunately, D/S just means that you do not accrue unlawful presence until a determination is made about your status. So while you are still out of status and cannot get back into status without leaving the U.S. and applying for status outside of the U.S. (unless you marry a U.S. Citizen, have a U.S. Citizen son or daughter over 21 petition for you, or win Asylum, Withholding of Removal, Cancellation of Removal, or a U visa as the victim of a serious crime, if you were to leave the U.S., you would not be subject to the 10 year bar for having overstayed more than a year. Still, the chances of you getting another non-immigrant visa to come to the U.S. even without the 10 year bar are very slim because no visa officer is going to want to approve someone that overstayed for so long and would probably overstay again. If you want to read more about this situation, here is a long and difficult article:

http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Pauline. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Thank you for your kindness and respect. Good luck to you.

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