Unfortunately, you have accrued more than 180 days of unlawful presence since February 11th. One of the drawbacks of an I-290B is that if you lose, your unlawful presence does not count from the date that you lose the I-290B. It counts from the date of original denial. At this point, if you leave, you have a 3 year bar to coming back. You would need a waiver to come back to the U.S. If you decide to stay, your options are the following:
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 of 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 without having to leave the U.S. and the same if you had a U.S. Citizen son or daughter over 21 that petitioned for you.
If you decide to leave now, before reaching 1 year of unlawful presence (February 11, 2017), to come back within 3 years (you have a 3 year bar) you would need a visa and a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):
or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:
If you leave after February 11, 2017, it is a 10 year bar. I am truly sorry. I wish I had better news for you.
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