I’m currently a woman in my 30s who is out of status
Hello, I’m currently a woman in my 30s who is out of status. I entered on an F-1 visa in 2010, went through several schools, and ultimately couldn’t graduate with one semester remaining, and have been out of status for 8 years since. I currently live with and help my older sister (a green card holder who runs her own business), and due to various issues, I’d like to go to Korea and then re-enter — from what I’ve researched, marriage seems to be the only way. In particular, since my father passed away the year before last, my sister now spends 8 months a year in Korea caring for our mother who’s alone, and I’m effectively running the U.S. business — so ultimately, I’d like to work in the U.S. and stay lawfully. I’d like to know if I could obtain a waiver under any visa and re-enter given my current situation.
Hello. You must be going through a lot.
Realistically, we think re-entry through a waiver would be extremely difficult.
Right now, there’s no particular method other than marrying a citizen and obtaining a green card that way. That said, we don’t view it as completely impossible, since there are cases of successfully applying for and receiving a waiver based on special circumstances — but very few people go through the expense of hiring an attorney for something with such a slim chance of success.
If you were someone who immigrated with your parents as a minor and became out of status, and could have qualified for DACA, that would be a factor worth considering.