Expert's Experienced Opinions Needed!!

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Hello everyone. I am currently "shopping" for a lawyer to represent my spouse and I. But since most of the time, this forum has been an invaluable source of information. Looking for the experts to weigh in on this situation which I can then relay to my future lawyer. This is a more complicated case than the usual. Thanks a lot.

1) Just a quick overview. Married USC. Immigrant spouse has visa expired but D/S on I-94. I am assuming that Immigrant spouse is still able to adjust status in the US because of the "otherwise eligible" immediate relative provision to adjust to LPR even though spouse may have 1) worked without permission and 2) failed otherwise to maintain lawful status and with the proper immigration documentation. On I-130 forms, would the lawyer put Overstay or Out of Status or does it matter?

2) NOW FOR THE EXPERT AND EXPERIENCED MEMBERS OF THE FORUM! Given the above example of expired visa but D/S on I-94, the original status of the visa is different in that it is in the category of A, E, or G nonimmigrant. Although I am assuming that this is now not the case because of current overstay/out of status of immigrant spouse. Now: Ineligible to adjust status You have A, E, or G nonimmigrant status or have an occupation that would allow you to have this status, unless you complete Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges, and immunities and, if you are an A or G nonimmigrant, unless you submit a completed Form I-566;

A) In your opinion, does immigrant spouse have to file Form I-508 even when visa is expired, perhaps automatically voiding A, E, or G nonimmigrant status?

B) On form I-566, applicant has to certify that I certify under penalty of perjury that the foregoing is true and correct. I understand false information is a basis for denial or termination of the benefit requested and for other penalties provided by law and regulation. If I am requesting employment authorization, I further certify that I do not have a criminal record. I have not violated United States immigration and/or visa laws, I have not worked illegally in the United States, and I have paid Social Security and all applicable taxes on all employment in the United States. Immigrant spouse cannot certify to this because 1) failed to maintain valid immigration papers. Do you think that by not being able to certify to the form's certification mentioned before, immigrant spouse is ineligible to adjust status in the US even though not maintaining status is forgiven because of marriage to USC?
 
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You case does not seem to be that complicated that you can do it yourself without the need for a lawyer. D/S on i-94 means duration of status and s nothing to do with expiration date on visa, it is typically for students whose stay in the us open ended. Status is F-1 or J-1 or whatever visa was issued because people with d/s on their i-94 are only considered OOS after a ruling by an immigration judge or a decision by an adjudicator during an application for another immigration benefit.
A good do it yourself guide is available here. And so if your spouse has no otherwise excluding factors like provable false claims to us citizenship, is a convicted felony , lacks moral turpitude et al, you guys should be ok.
 
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AzBlk said:
You case does not seem to be that complicated that you can do it yourself without the need for a lawyer. D/S on i-94 means duration of status and s nothing to do with expiration date on visa, it is typically for students whose stay in the us open ended. Status is F-1 or J-1 or whatever visa was issued because people with d/s on their i-94 are only considered OOS after a ruling by an immigration judge or a decision by an adjudicator during an application for another immigration benefit.
A good do it yourself guide is available here. And so if your spouse has no otherwise excluding factors like provable false claims to us citizenship, is a convicted felony , lacks moral turpitude et al, you guys should be ok.
Click to expand...

So on immigration documents, when it asks for current status, do we put Out of Status, Overstay, ... Does it matter if we put either/or.
 
Two attorneys, over consultation, said that the case looked pretty straightforward in terms of it being AOS through marriage, despite the overstay. Wondering if any others have an opinion. (Filing forms I-566 and I-508).
 
A Visa's

She needs to fill the I-566 forget about the other one.

Status is whatever she had when she came here; in this case A2 (Though it may have expired, by the way if her I-94 say's D/S then all that doesn't matter...visa's expire but that does not mean she is out of status).

At the interview she'll probably be given a form which in essence she will use to waive all her diplomatic rights.

Cheers'
 
EnigmaGC said:
She needs to fill the I-566 forget about the other one.

Status is whatever she had when she came here; in this case A2 (Though it may have expired, by the way if her I-94 say's D/S then all that doesn't matter...visa's expire but that does not mean she is out of status).

At the interview she'll probably be given a form which in essence she will use to waive all her diplomatic rights.

Cheers'
Click to expand...

Thank you all! I know everything will be okay at the end.

EnigmaGC: So do you have experience with this? When it says Current USCIS status, what do I put? Overstay, Out of Status, Expired A-2, A-2? The principal of the original A-2 (parent) has vacated the post that gave the A-2, so, Dept of State or the Embassy may not recognize the A-2 anymore. What do you think?

Also, do we send I-566 w/ the I-485? Why not include the I-508 waiver of immunities, etc?

Do you think it is necessary for us to get a note from the embassy about the above details and application?
 
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I had to deal with this a year ago. Status is always what you came here with i.e. A2.

If she has overstayed, that will be found out soon enough but it is not reason enough for her not to get her status adjusted.

Yes, send the I-566 with the I-485 because if you don't, I can assure you they'll ask for it. As for the I-508 waiver, I cannot remember if that was the form I was asked to fill after my interview. So what I suggest is that you fill it out but don't send it. Take it with you to your interview and if they mention anything like that then give it to them on the spot.
 
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