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Hellp for overstayed visa and green card

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pet_ya

New Member
Hello everyone, let me tell you about my story.
I won green card from DV2011. I have a boyfriend, I married him.The problem is, he has worked illegally in the U.S. two years after his visa expired. He came home 6 months before I to receive the first letter, is not returning I-94. Do we have a chance for visa?
 
The DV winner is not blocked from immigrating by a dependent's ineligibility (IF such ineligibility actually exists).

Even if he can't come with you now, there are further options in the future, don't cut off those avenues needlessly.

IF he had unlawful presence, how much [less than 180 days, between 180 days and a year, over a year]?

IF he has a bar to re-entry, how long [3 or 10 years]?

IF a bar exists, how much time has already been served? How much is left?

IF he can't come now but you can enter as an LPR, you can file an I-130 and his wait for a visa could be 3 or 4 years in the F2A category and then the processing delay would start. If you naturalized, the visa could be "upgraded" to Immediate Relative of a USC and the visa would become (technically) immediately available. There is still a processing delay. The more time he has served on any bar to re-entry would count in his favor for any possibility of a waiver of the remainder.
 
What you think about that:
d. For persons who have been admitted for duration of status (DOS) (as is usually the case with aliens in A, G, F, J, and I visa status), unlawful presence will not accrue unless an immigration officer or immigration judge (IJ) finds a status violation in the context of a request for an immigration benefit or a deportation proceeding. Therefore, your belief that an alien violated his or her status in the United States is not, in itself, sufficient for an INA 212(a)(9)(B) finding, unless the alien entered without having been admitted or stayed beyond the Form I-94 specified date. Otherwise, only a finding of violation of status by the DHS or an IJ can cause a period of "unlawful presence" to begin.
 
pet_ya said:
What you think about that:
d. For persons who have been admitted for duration of status (DOS) (as is usually the case with aliens in A, G, F, J, and I visa status), unlawful presence will not accrue unless an immigration officer or immigration judge (IJ) finds a status violation in the context of a request for an immigration benefit or a deportation proceeding. Therefore, your belief that an alien violated his or her status in the United States is not, in itself, sufficient for an INA 212(a)(9)(B) finding, unless the alien entered without having been admitted or stayed beyond the Form I-94 specified date. Otherwise, only a finding of violation of status by the DHS or an IJ can cause a period of "unlawful presence" to begin.
Click to expand...

Yeah, that's all well and good but you have not provided enough basic information to see if it applies to the case. Also, many J visas have a 2 yr home residence requirement that must either be served or waived.

Also, for F, M and J visa holders, the advent of SEVIS has changed the playing field as to determination of being out of status. The old rules fall away in the course of time as the world changes.
 
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You will only find out when they check their computers either on entering the USA again or when they check your application with him as a dependent.

Hardly any case is the same and if he is denied it might jeapardize your case, but this might be or not the case....

Overstaying is always the risk of the person to be allowed in again...
 
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