What legal action I should take as I overstayed beyon my expired visa for over 5 years? 6 Answers as of January 04, 2011

I am a Buddhist monk. I entred the U.S. with B2 visa then changed to R1 visa. Before my R1 visa expired, my friend filed to extend my R1 visa. Two months later, I received the form of visa extention back from INS stated that I used the wrong form to file the extention and the visa were already expired. My friend thought that is ok if the visa expired as I already have an Empoyment authorization already. Then I continued to file form I-485 and got the letter to have a medical exam done. The letter from INS stated that the the case were dinied because of the visa expied. Thank you for your prompt reply.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If you overstayed your visa, you cannot change to other non-immigrant statuses. You can only apply for a green card if you marry a US citizen. Your other option is to wait for the immigration law to change.
Answer Applies to: California
Replied: 1/4/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If the gap is less than 180 days may be able to return home and then get back in status.
Answer Applies to: California
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Was the friend who helped you an attorney or authorized to practice law in from of immigration? If not, you may be able to ask the USCIS to reconsider your denial based on the fact that you relied on someone's advice who was not authorized to practice law. You may also state that it was not your intent to break the law and you now want to have your case reconsidered.
Answer Applies to: Texas
Replied: 1/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Generally, to be eligible to adjust your status you must be in valid non-immigrant status. If your R-1 was status had expired before you Adjustment of status application was filed and the extension was denied later denied while he adjustment application was pending, they you were out of status. If your application was denied because you are not in valid non-immigrant status now, then the only option would be a motion to reopen and argue that your were out of status through no fault of your own. You have 30 days from the date your application was denied to file the motion to reopen.
Answer Applies to: California
Replied: 1/3/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You need to speak with an immigration attorney in person. The details of your case are complicated and require a more detailed analysis.
Answer Applies to: Virginia
Replied: 1/3/2011
Click to View More Answers: