GC holder married overstayer

K

Kanda

New Member
Hi,
I have GC as permanent resident for 4 years and I married my boyfriend who came here on a transit visa 6 years ago and overstayed; I filed for him I130 Immigration Petition for Relative 6 months ago.
We had a lawer all this time, but I am pretty scared now because everywhere on the websites I see con advices... Can this Petition be denied?
Any opinion please about what can happen now?
Also, is it true that an overstayer of transit visa can not benefit even thru a citizen marriage?
Thanks
 
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If you look at the part "ineligible for adjustment of status" include people who were in "transit visa" and do not say anything about even if they are immediate relatives of a US citizen.

Now, even so, he cannot go through adjustment of status right now since you are a LPR and are subject to visa number and priority date to become current. Unless you become a US citizen (means you must wait another year and then wait for the process), then he can go through AOS, but reading at the contest he is not eligible even if he is an immediate relative of a USC, that is my understanding since he was on transit visa. The only issues that are "forgiven" if you are an immediate relative are: work withouth authorization, if you were in the visa waiver/or Guam program and if you overstay your I-94 being in another non-immigrant category (not a transit visa).

That is refering to Adjustment of Status, means within the US. So he can go through Consular Processing, the problem is that since he overstay over a year already (6 years in total), he will get the re-entry ban of 10 years.

About your I-130, you can petition for him. The I-130 only refers about the relationship between you and him and that they recognized it. So the I-130 should not get any problem, the problem is that what you going to do after the approval.

If you have a lawyer s/he should know pretty well if he is eligible or not. If your lawyer cannot answer that simple question thinking from the status of transit visa, look for another one.

Good luck,
 
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Hi Cherr,
thanks for reply!

I found this: "You are ineligible if you entered the US while you were in transit to another country without obtaining visa"
This means transit visa is not a real visa?
 
I am a little confuse about that part after I posted I continued looking for it, I am looking more over the internet and see what I can found.
If he was in C1 visa? Can you check that out?
 
I was a crewmember on board a cruise ship on a C1/D visa back in 98 .You have a maximum of 28 days to stay in the US before you are required to depart .
Was he working for an airline / cruise ship ? or was he just traveling through the US . Either way , while just on a C1, you are required to depart on your next flight leaving the US . Please let us know if he was on a C1 or a C1/D visa .
 
That is why I was waiting for the same thing...but I think she log off.

I saw that you were C1 and then change to other status...good luck!
 
Hi everyone,
thanks for reply...
He was a crewmember on a ship, the visa was C1/D, he had 2 weeks to stay in US, this was a kind of work visa for 5 years- valability. He entered US thru a Port of Entry, an airport and not embarking on the ship in 2 weeks.He came in 1999, it's been 7 years by now not 6.

On www.cella-associates.com found this: "Entry with a visa, overstay, marriage to LPR: This is a preference category (Family based 2A- spouse and children of LPR), meaning that visa availability is presently backed up 5 years and 11 months before an visa, “greencard”, becomes available for most countries.If not 245(i) eligible, petitioner must naturalize before beneficiary can adjust status to LPR, regardless of visa availability. "

This, from my understanding, means I have to be citizen, which can be in 1 year
 
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After being a crewmember on a C1/D , I change my status to a L1 (Intra Company transfer working for the same cruise company ) and then student after 9/11 ( F1 ) , Then to a H1B in 2004 .
When C1/D's on cruise ships signoff on a vacation , they get anywhere from 24 hrs to 28 days before they are required to leave the US . This is stamped on form I-95 .
When crew members do not leave and endup syating here ,they are called ship jumpers ( they jumped ship ) . They become illegal aliens .

In your case , you have to become a USC and then you can sponsor him .

Hope this answers your question .
 
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