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Immigration Issues/Im Dutch, what are the options when your illegal by law?


Dear sir,

3 months ago i left my country (the Netherlands) for this girl i met.

I sold all my belongings and left everything behind and came into the USA on a visa waiver.

Once here the girl seemed a total psycho, lied about alot, she or a friend stole my wallet, stole money, then later i got my wallet back, i had to sleep for a week on the streets till i found my way.

Ok, now i got friends, a new sweet girlfriend and a steady job with a company that flips houses.

What are my options? Is it true if your in the country for 5 years illegally without crime you can become legal and if you marry will overstaying visa be terminated and can i apply for a i245?

I have nothing to go back to in my country and i really want to leave in the USA.

My biological father that is also Dutch lives in USA also, he is legal but unfortunately my stephdad is on my birth certificate.

I really need some good advise and would really appreciate it.

With kind regards


Ps: I live in Texas

You have some very bad information. So far everything you have done has been without the proper information.  Whoever gave you the idea that if you live in the USA without breaking any law gets a visa is crazy. In fact, it is quite the opposite. You entered on a waiver visa and obviously overstayed your visa. If you stay more than 180 days after your visa expires, you will be barred to receive a visa for 3 years. If you overstay by more than 1 year, you will be barred for 10 years. So it is a very bad thing to overstay your visa by more than 180 days. Hopefully you have not done so.  

The only exception, and the only chance I can see for you, is if you marry a US citizen. Otherwise you should go back to your home.  If you have not overstayed by more than 180 days, you should not have any real problem in coming back.  However, it is not a good idea to leave the US for a day or two, then come back for 3 months. This would suggest you are really living in the US and that would be immigration fraud.

As for your biological father, if the gene test shows him as your father, then that would work, but....  YOU NEED TO LEAVE AS SOON AS POSSIBLE AND WAIT FOR THE VISA TO BECOME AVAILABLE.  It might take a few years, and if you stay here you will not get the visa when it becomes available.

I know you want to hear something else, but the truth is there is no fast fix.  Unless you marry a US citizen you should return home.

Good luck.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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