CP and unlawful presense

S

suslik99

New Member
My last legal status was d/s (duration of stay) when I was on my student visa F-1 in 2001, then I changed my visa to H1, but INS did not send me a new I-94 card due to the atturney mistake on the H1 application: it was filed as if I was getting H1 from my home country. So no I-94 has been included with the H1 approval. My H1 is valid till 2008, but I have been technically unlawfully present in US since 2002 and never left US for the reason of being afraid that I may not be allowed back without I-94.

I recently got my labor certification approved and ready to apply for GC.
My current atturney said that I have no chances to get i-485 approved because I have been out of status and that I should do CP instead.

Will CP approve my visa even though I have been out of status? What are the risks of being denied based on that?
Does anybody have any experience with this?
 
What Did You Decided? Are You Going For Cp Or Aos?
Let Me Know My Case Is More Like Your's. My I 485 Was Denied Because Of Unlawful Stay And I Am Doin My Cp.
Thanks
Rbv
 
i had a very similar case like yours where i was illegally present for 170 days....yes i barely escaped the 180 day and 3 year bar limit.

i went back to bombay india to get my new h1 visa and was approved....no questions asked about my illegal status.

i filed for GC using CP and my file reached the consulate in 3 months after my i-140 was approved but i am stuck in eb3 category.....now i am applying again under eb2 and transferring my PD.

i have several friends who went thru CP and never had any issues.

suslik99 said:
My last legal status was d/s (duration of stay) when I was on my student visa F-1 in 2001, then I changed my visa to H1, but INS did not send me a new I-94 card due to the atturney mistake on the H1 application: it was filed as if I was getting H1 from my home country. So no I-94 has been included with the H1 approval. My H1 is valid till 2008, but I have been technically unlawfully present in US since 2002 and never left US for the reason of being afraid that I may not be allowed back without I-94.

I recently got my labor certification approved and ready to apply for GC.
My current atturney said that I have no chances to get i-485 approved because I have been out of status and that I should do CP instead.

Will CP approve my visa even though I have been out of status? What are the risks of being denied based on that?
Does anybody have any experience with this?
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