Have Visa but came with Visa Waiver

S

Susi898

New Member
Hello ,
I need some advice .
I am married to a US citizen . Came from Germany this time with the Visa waiver Program and filled out the I 94 W form. Which is expired now.
I do have a B1/B2 visa in my passport which is valid indefinetly .
I read that people who came with WVP can not adjust their status . Does that apply to me now too even though I am having a Visa ?
I am so confused .
I really would appreciate your input.
Thank you very much .
Susi898:confused:

 
You entered with the visa waiver, so the visa waiver restrictions will apply even if you have other valid visas. Why didn't you use the B1/B2 visa?

Because you overstayed the VWP, you can't adjust status unless you fall within the one or two jurisdictions where the circuit court hasn't ruled against adjusting status from a VWP overstay.

How long have you overstayed? If it's less than 180 days, you can leave the US and pursue the GC through a US consulate in Germany.
 
Which two jurisdictions have not ruled against ASO for overstayers ?
I am in Los Angeles CA.
I overstayed for 16 years .
Thanks for the reply.
Susi
 
You're in California so you're covered by the 9th Circuit Court decision which disallows you from adjusting status in the strongest terms (some other courts allowed for a bit of wiggle room in certain cases).

Did you come to the US as a child? If yes, how old are you now? If you're younger than 18 years and 180 days there may be some hope. If not, there may be some hope for adjusting status under 245(i), if the relevant paperwork was filed on your behalf before the cutoff in April 2001. What is the status of your parents?
 
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