i need help .. adjustment of status

U

user1983

New Member
hi guys, i have a problem regarding my immigration status in the usa. i came as tourist on Aug. 2017 , and i have filed an extension of stay before the expiry date of the 6 months stamp on my passport. On November 21st 2018 the form of extending my stay i-539 was denied. i didn't file any Appeal for that decision, the only thing i did is providing them more evidence and proofs after they requested them before the final decision.

I have received a few weeks ago NTA for fingerprinting like i do have a pending application, in fact i don't have any pending application. Then i have received a formal NTA with Allegations scheduled for june 2019 (Master Hearing), then a Notice of Hearing scheduled in Dec 2019 (Master Hearing).

important allegations to consider:
-i have an unlawful presence since November 21st 2018
- i do not currently possess a valid immigrant or non-immigrant visa or other valid entry document to permit you to enter into or remain in the United States.

My B2 Visa is still valid until 2021 contrary to the last allegation put on me.

i came across many website stating that new regulations prohibit the USCIS from approving the i-130 petition when filed by applicant, and at the court i could not benefit from the administrative closure at the Master Hearing to file the provisional waiver inside the USA. I have a brother who is US citizen and my mother is a green card holder since two and half years, she was petitioned through him. i have never filed a petition and i am not married yet. My mother has many issues with Arthritis and Sciatica and could not work so i put attention on her. i never had a crime. Is there anything i could do to terminate the proceeding and file the adjustment of Status regularly ?
In the first NTA with allegations i can see they scheduled the Master Hearing at 8 am, but the court opens the windows at 8:30am. and the new Notice of Hearing came with the time 9 am o'clock.
Please advice what to do, i appreciate your help.
 
Your unlawful presence backdates to February 2018 when your granted status expired, not Nov. 2018 when your EOS got denied.

Your B visa became invalid from February 2018 when your overstay began, it is no longer valid until 2021 regardless of what the expiration date on the visa stamp says.

You’re not eligible to file AOS due to the accrued illegal presence. Your mother having health issues does not justify the illegal stay. Your brother who is the USC should have been taking care of her.

Your can either depart the US before your scheduled hearing or wait for the hearing itself and be put into removal.
 
i have asked the lawyer, he told me the overstay begins on November 21st 2018, i am in big trouble, i don't have any relief ?? i am very sad, i never broke the law
 
February 2018, November 2018 - right now it’s irrelevant. There’s no relief for you. And yes you broke the law, your overstay constitutes breaking the law.
 
Sm1smom said:
Your unlawful presence backdates to February 2018 when your granted status expired, not Nov. 2018 when your EOS got denied.
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Not true. If the EOS was timely filed and non-frivolous, he does not accrue "unlawful presence" while it is pending. "Unlawful presence" only starts to accrue on the day after the denial.

Sm1smom said:
Your can either depart the US before your scheduled hearing or wait for the hearing itself and be put into removal.
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But leaving now has consequences at this point. Failure to attend removal proceedings triggers a 5-year ban, and he can still be removed in absentia which triggers a 10-year ban.

He could request voluntary removal in removal proceedings, and if it is granted and he abides by it, he wouldn't have a ban for being removed, though he would have a ban for leaving after accruing unlawful presence so that isn't a great option either.
 
He did not accrue “unlawful presence” while the petition was pending. However (1) as the petition was denied, his overstay counts from the day his original i94 ended (2) as of the date of denial he started to accrue unlawful presence and got his visa voided. He does indeed have a ban that will be triggered on leaving, I believe this is 3 years counting from the start of unlawfui presence..

OP, you have no current basis on which to stay. You cannot adjust status as you have no status to adjust from. You also have no petitions filed for you anyway. Your only option as I see it is to return home voluntarily and await a properly filed petition to get an immigrant visa. You have a brother who can take care of your parent and in fact has signed a legal undertaking to do so when he sponsored her for her green card. You need to also consider that the arguments you use for wanting to stay may make uscis concerned she will be a public charge, which could cause further complications when your mother has to be sponsor (and I presume your brother co-sponsor) in the petition which she will presumably file for you. One silver lining is that by the time the petition is current for you, your ban should be over (if you leave before Nov this year and so avoid a 10 year ban) and you won’t need to worry about a waiver.
 
SusieQQQ said:
He did not accrue “unlawful presence” while the petition was pending. However (1) as the petition was denied, his overstay counts from the day his original i94 ended (2) as of the date of denial he started to accrue unlawful presence and got his visa voided. He does indeed have a ban that will be triggered on leaving, I believe this is 3 years counting from the start of unlawfui presence..

OP, you have no current basis on which to stay. You cannot adjust status as you have no status to adjust from. You also have no petitions filed for you anyway. Your only option as I see it is to return home voluntarily and await a properly filed petition to get an immigrant visa. You have a brother who can take care of your parent and in fact has signed a legal undertaking to do so when he sponsored her for her green card. You need to also consider that the arguments you use for wanting to stay may make uscis concerned she will be a public charge, which could cause further complications when your mother has to be sponsor (and I presume your brother co-sponsor) in the petition which she will presumably file for you. One silver lining is that by the time the petition is current for you, your ban should be over (if you leave before Nov this year and so avoid a 10 year ban) and you won’t need to worry about a waiver.
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could i get married and file the i-130 ? or the new regulations forbid that definitely ? A sponsorship through mom would last at least 6 years
 
A marriage is usually based on love, not for an immigration benefit such as a green card. What you suggest reeks of fraud. Married or not, you'd still have to deal with the NTA.
 
1AurCitizen said:
A marriage is usually based on love, not for an immigration benefit such as a green card. What you suggest reeks of fraud. Married or not, you'd still have to deal with the NTA.
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this is not what i mean if you misunderstood me, i am in relationship with my girlfriend about 9 months ago, we even planed to marry officially next month, but we only were surprised with these new rules
 
user1983 said:
this is not what i mean if you misunderstood me, i am in relationship with my girlfriend about 9 months ago, we even planed to marry officially next month, but we only were surprised with these new rules
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You’re misinformed. These rules are not new. They are the same rules they have always been.
What has been happening more is more stringent enforcement. People under NTAs have been getting detained and deported at adjustment interviews for marriage. So this could actually be a more dangerous route for you. At least a CR1 visa will be much faster than via your parent. I’d again suggest you do the right thing, exit the country, and have your soon to be wife file. You may have to get a waiver for the overstay in this instance as it will be faster.
 
SusieQQQ said:
You’re misinformed. These rules are not new. They are the same rules they have always been.
What has been happening more is more stringent enforcement. People under NTAs have been getting detained and deported at adjustment interviews for marriage. So this could actually be a more dangerous route for you. At least a CR1 visa will be much faster than via your parent. I’d again suggest you do the right thing, exit the country, and have your soon to be wife file. You may have to get a waiver for the overstay in this instance as it will be faster.
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do you know what time am i already unlawful, i am so troubled, how should i calculate that correctly ? is it since Feb 2018 or November 2018, do you think is it easy to get pardon overseas ? i have big concern about that
 
user1983 said:
do you know what time am i already unlawful, i am so troubled, how should i calculate that correctly ? is it since Feb 2018 or November 2018, do you think is it easy to get pardon overseas ? i have big concern about that
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I believe it is since November. Honestly, the sooner you leave, the sooner you can start working through the ban.
 
user1983 said:
hi guys, i have a problem regarding my immigration status in the usa. i came as tourist on Aug. 2017 , and i have filed an extension of stay before the expiry date of the 6 months stamp on my passport. On November 21st 2018 the form of extending my stay i-539 was denied. i didn't file any Appeal for that decision, the only thing i did is providing them more evidence and proofs after they requested them before the final decision.
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So, you came to the US as a tourist almost 2 years ago and decided to stay past the initial 6 months. Curious as to what evidence of ties to your home country did you provide on the ds160 and interview to obtain the B2 visa? As in, did you a job/college/property, etc in the home country?

And how have you been supporting yourself the past 2 years, working illegally?
 
1AurCitizen said:
So, you came to the US as a tourist almost 2 years ago and decided to stay past the initial 6 months. Curious as to what evidence of ties to your home country did you provide on the ds160 and interview to obtain the B2 visa? As in, did you a job/college/property, etc in the home country?

And how have you been supporting yourself the past 2 years, working illegally?
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you didn't get what i wrote, i never broke the law, anybody filing an extension of stay is not considered overstay, it is applied status until they decide on the application. I visit the usa almost every two years for 10 years ago, i never had an overstay. i have family back home but no property on my own, i broke up my studies in Europe, i supported myself with my savings, i worked as software developer (while i was studying, authorized to work) outside usa, and my family is supporting me in usa, so i don't need to work in usa, i never worked.
 
It's a tall order to convince anyone that a young person like you has been sitting at home and doing nothing the past 2 years.

You keep insisting you never broke the law, but in fact, you are breaking the law. Overstay constitutes breaking the law, and the NTA supports that transgression.
 
1AurCitizen said:
It's a tall order to convince anyone that a young person like you has been sitting at home and doing nothing the past 2 years.

You keep insisting you never broke the law, but in fact, you are breaking the law. Overstay constitutes breaking the law, and the NTA supports that transgression.
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that is your opinion
 
user1983 said:
that is your opinion
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No, that is not his opinion. You broke and are still breaking the law. Your overstay constitutes breaking of immigration laws! Your EOS request was denied back in Nov. 2018, yet you refused to depart from the US and are claiming you haven’t broken any law. You have! It is not a matter of one person’s opinion. An NTA doesn’t get sent to someone who hasn’t broken the immigration laws.
 
Sm1smom said:
No, that is not his opinion. You broke and are still breaking the law. Your overstay constitutes breaking of immigration laws! Your EOS request was denied back in Nov. 2018, yet you refused to depart from the US and are claiming you haven’t broken any law. You have! It is not a matter of one person’s opinion. An NTA doesn’t get sent to someone who hasn’t broken the immigration laws.
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According to the NTA itself, respondents may get a relief, and that is the purpose of my question in the forum, thousand of people do harmful things and get pardoned, i had never ever shacked hand with an officer, i have a clean record, and the immigration law is huge, i am not able to cure my problem without help of immigration lawyer.
 
user1983 said:
you didn't get what i wrote, i never broke the law, anybody filing an extension of stay is not considered overstay, it is applied status until they decide on the application. I visit the usa almost every two years for 10 years ago, i never had an overstay. i have family back home but no property on my own, i broke up my studies in Europe, i supported myself with my savings, i worked as software developer (while i was studying, authorized to work) outside usa, and my family is supporting me in usa, so i don't need to work in usa, i never worked.
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You broke the law the day you stayed in the US past receipt of your denial notice. Doesn't matter that you never had overstay before. You have both overstay and unlawful presence now. Unlawful = breaking the law.
 
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