Ring of confusion

Good day Mrs Walker-Huntington,

I have exhausted just about every legal contact and ended up with conflicting information. My position is, I came to the US on a K-1 visa in 1993 to marry my fiancée (a US citizen) within three months. Unfortunately, things did not work out as planned. I left her home and went to stay with my brother who lived in the same city. In fact, he was the one who introduced me to her. I stayed beyond the three months and then contacted an immigration lawyer who advised me to marry someone else. I was not satisfied with this advice so I contacted another lawyer who told me to contact the local immigration office for an extension. By this time, I was already out of status and was afraid so I continued working 'under the table'. During that time, I had several relationships with women interested in marriage. For years now, I am in a very good and serious relationship. We want to get married but with no waiver with K-1 visas, we are fearful that once married and I return to Jamaica, I will not be permitted back until the 10-year time elapsed. What are my chances if I get married, return to Jamaica and wait for a year while my attorney files for a waiver on my behalf. I eagerly await your reply.

G.P.

Dear G.P.

When a person travels to the US on a K-1 'fiancé' visa, the immigrant has to marry the person who filed the visa on their behalf within 90 days and move to adjust their status. The moment you failed to do that, you violated the visa. If the relationship does not work, you must return to your home country. You are definitely not able to remain in the US and change your status by any other means — marriage to a new fiancé or another relative petition or employment based petition.

You have been in the States for 17 years and so now you have a few options.

Option one: If you marry your current citizen girlfriend, you will not be able to adjust your status in the US. You will have to return to Jamaica to consular process your application for permanent residence. Since you have been in the US illegally all these years, you will face a mandatory 10-year bar to returning. If you do not have any aggravated felony criminal charges, you may be eligible to apply for a waiver to return to the States and not wait out the 10 years. Your US citizen wife and children — who are permanent residents or citizens — would have to show extreme hardship before you would be granted a waiver.

Cancellation of Removal

Option two: Because of the length of time you have been in the US, you can place yourself in deportation proceedings and apply for Cancellation of Removal — if you do not have any aggravated felony convictions. This is a risky avenue to take because if your relief is denied you will be deported. With this relief you will also need a qualifying relative who can demonstrate extreme hardship if you were to be removed from the US.

Option three: You continue to live in the US in an illegal status and hope there will be immigration reform in the near future for which you can qualify to legalise your status.

Your situation is unfortunate, but it is one many Jamaicans find themselves in after going to the US on a fiancé visa. I hope that your situation, albeit regrettable, will enlighten the readers to this pitfall.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.