[Gu_Ga]

There are different definitions that might apply in this situation and each has different approach in determining if one is eligible for immigrant visa. First, you have to determine which one applies to you.



- out of status

- failure to maintain continuous legal status

- illegally present

- ?



Depending which one applies in your case you might or might not be eligible for Consular Processing. Adjustment of Status might not work in most cases.



I know a laywer who claims that one of his clients was found ineligible for AOS but still received his Green Card through Consular Processing. It is best to consult with experienced lawyer who have handled AOS and Consular Processing issues.



I would guess that in your case it is 'out of status' that means that you have overstayed your I-94. If you have overstayed your I-94 for more than 180 days, consul might bar you from entering US upto three years. If you overstayed your I-94 for more than 365 days, he might bar you up to 10 years. I know that this applies in non-immigrant visa situations. I'm not sure if the same applies in immigrant application.



Failure to maintain continuous legal status applies in situations where one came in to US on F1 that requires student to be enrolled full-time but student fails to take full-time course load. Or if one comes in to US on H1 and there are 'time lapses' during employment. In this situations consul might consider applications on case-by-case basis to determine if it was your fault.



Illegally present is when one enter US without proper authorisation. Crossing border from Mexico or Canada without going though the inspection.



Good luck.