I am out of status as I over stayed my Tourist Visa and worked for for many years. My U.S. Citizen boyfriend/girlfriend wants to marry me and I am also in love. Can I adjust my status here in the U.S.?
Under Section 245 (a) of the INA, foreign nationals who marry a U.S. Citizen can adjust their status here in the U.S.. Their unlawful presence and unauthorized work are deemed waived for all legal intents and purposes. This rule, however, does not apply to every out-of-status foreign national. Be very careful and do not listen to non-lawyers or narratives of some lucky individuals who were able to get away with the strict requirements. There are certain eligibility requirements that only an honest and experienced immigration attorney can discuss with you lengthily.