An Indian student in the U.S. recently took to social media to share a dilemma that many find themselves in overstaying an F1 visa, working without proper authorization, and now considering marriage to a U.S. citizen.
The burning question? Can they tackle the immigration process solo, or is the risk too great?
The student mentioned that their I-94 has a "D/S" (duration of Status) stamp, which suggests that their overstay might not automatically lead to a ban. However, that doesn't mean USCIS won't take a close look at their situation. Any history of visa violations, including unauthorized work, could impact their chances of securing a green card.
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Another worry is unpaid taxes. The individual confessed t working as a 1099 contractor without an EAD but claimed they had been filing taxes, even though some amounts were still outstanding. USCIS does consider tax history when reviewing green card applications, and any financial issues can complicate matters.
In the comments, many people advised against trying to file on their own. While some shared success stories of amanging the process independently, others cautioned that a minor mistake coud lead to delays or outright denial. They noted that a waiver for unlawful presence might be necessary, and getting that approved isn't always a walk in the park.
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USCIS officers scrutinize every detail-work history, tax records, and adherence to visa regulations. Although marrying a U.S. citizen is generally one of the more straightforward routes to a green card, past violations can still raise concerns. Without legal help, navigating these tricky waters can be quite challenging.
So, is going the DIY immigration route worth the gamble? While it might have some cash in the short term, many in the online discussion agreed-when complications arise, hiring a lawyer isn't just an option. It could very well be the safest path forward.