Overstayed VWP, what to do?

Question

My situation is as follows: in 2013 I entered the US through Mexico, I'm a national of a western European country. I was visiting Mexico, then crossed to the US by land (not flying), so I didn't really use the ESTA, but they gave me a visa waiver little paper in my passport, valid for 3 months. I overstayed until now.

I have been reading that the only way people who used ESTA can fix their situation is through family visas, and I can't contest any attempt of deportation because in the ESTA I declared that I wouldn't. My question is: would it be different since I entered by land? I think it worked with the I94 module. My girlfriend is from Mexico and visits me with her visa, but marrying her won't solve the problem because neither of US is a US citizen/permanent resident.

Thanks.

Answer 1

Adjustment of status in your circumstances would only be possible if you had an immediate relative US citizen to sponsor you. Assuming that neither of your parents is a US citizen, and that you are not currently married to a US citizen, the only ways for you to achieve this would be

1. for you to marry your girlfriend and for her to immigrate to the US, naturalize, and sponsor you, or
2. to have a child born in the US sponsor you after reaching 21 years of age.

That is because an "immediate relative" sponsor can be a spouse, a US citizen parent of a child under 21, or a US citizen child over 21.