1. What to Do if You are Out of Status and Want to Remain in the United States
a.) Do Nothing and Hope No One from U.S.C.I.S. (Immigration Service) locates you.
b.) Marry an American Citizen and Apply for the Green Card.
c.) Apply for asylum claiming you are afraid to return to your home country. This used to be commonly done with a realistic chance for success from 1998 until 2003 because of the serious anti-Chinese riots that took place in 1998 and then again in 2000. However, it has become increasingly difficult to succeed in the past few years, and if you try it but fail, you will be ordered to leave the United States, either voluntarily or through removal.
2. What to Do if You have been Taken into Custody by U.S.C.I.S.
There is not much you can do if you are in jail except try to get out. U.S.C.I.S. will probably state a bond amount to release you. If you can put up that money you will be released while waiting for your Court hearing in front of the Immigration Judge. That bond amount can be high – $25,000 or $50,000. However, you can request a bond redetermination hearing in from of an immigration judge. This is usually done by an immigration attorney who you have hired. The Immigration Judge has the authority to lower the bond to as low as $1,500. Of course, you still must appear in front of the Immigration Judge in removal proceedings.
3. What to Do if You are in the U.S. Legally in Tourist Status and Want to Remain Longer
a.) Apply for an extension of your tourist visa.
b.) Apply to be admitted to a university to change your status to F-1 (student) status.
c.) Apply for asylum, and if you are in valid tourist status while you do it, if your application is denied you will not be placed in front of the Immigration Judge in removal proceedings.
d.) If you marry an American citizen you can apply for a green card.
e.) If you are a professional locate an employer who is willing to sponsor you for a green card based on your occupation. This takes a few years so you must plan on returning to your home country while the application is pending. But it IS a way to obtain a green card.
Allan Samson, Attoney specializing in U.S. Immigration.
You can call him at 415 391 4949
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