help with i485

R

Romina77

New Member
Hi you all! I have a question about part 3 a on i485, I'm filling I130 and I485 concurrently and I'm married to a US citizen but I came under the waiver visa program and overstay my visa, so what should I put on noninmigrant visa number, since I don't have one, I only have my I94.
thanks
 
My best guess would be none
Or the last catagory you came in.
would love to hear other users input though. Again I am just guessing here.
You may want to consider consulting a lawyear. Not necessarily retaining one but consulting.
 
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I don't think you can adjust your status. Be very careful before you file with the USCIS. As far as I know, people who came to the USA on a visa waiver program and overstayed are not eligible for AOS, only people with visas are. And I read many posts on this forum where visa waiver applicants were repeatedly denied their Green cards. I would consult a competent attorney before filing.
 
Romina77 said:
Hi you all! I have a question about part 3 a on i485, I'm filling I130 and I485 concurrently and I'm married to a US citizen but I came under the waiver visa program and overstay my visa, so what should I put on noninmigrant visa number, since I don't have one, I only have my I94.
thanks
Click to expand...

Your are a WT or WB [W = visa waiver program and T = B-2 Tourist, OR B = B-1 Business visitor]. IF you have not yet overstayed a full 180 days (6 months) it would be better to depart and go through consular processing. In that case only the I-130 is filed by USC spouse at this point.

It is legal to file for adjustment in your case BUT it relies on USCIS DISCRETION. You are unlikely to get them to favorably exercise that discretion.

USCIS can hand you over to ICE for removal.

IF you are Ordered Removed by DHS (ICE after referral by USCIS) you have NO RIGHT to see an Immigration Judge to plead for relief. You would have the right to file a Petition for Review in a U.S. Circuit Court of Appeal, however, ICE can still physically remove you even if you filed in Court AND the success rate on such an appeal is less than 1%.
 
Big Joe,

Does this also apply to those who came in with a visa?

BigJoe5 said:
IF you are Ordered Removed by DHS (ICE after referral by USCIS) you have NO RIGHT to see an Immigration Judge to plead for relief. You would have the right to file a Petition for Review in a U.S. Circuit Court of Appeal, however, ICE can still physically remove you even if you filed in Court AND the success rate on such an appeal is less than 1%.
Click to expand...
 
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