You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Out of status issue for Consular Processing
- Thread starter noria
- Start date
Out of status issues are forgiven for spouses of USC's only for AOS and also for Consular Processing.
Only for AOS, if an out of status person proceeds abroad for CP, they usually trigger either a 3 or 10 year bar to re-entry for unlawful presence (ULP). A waiver is possibly but unlikely if someone departs under those circumstances.
The 3 year bar kicks in when ULP reaches 180 days, the 10 year bar kicks in when they reach a year of ULP.
Bottom line---don't depart---don't do CP.
Last edited by a moderator:
namecheckvictim
Registered Users (C)
Only for AOS, if an out of status person proceeds abroad for CP, they usually trigger either a 3 or 10 year bar to re-entry for unlawful presence (ULP). A waiver is possibly but unlikely if someone departs under those circumstances.
The 3 year bar kicks in when ULP reaches 180 days, the 10 year bar kicks in when they reach a year of ULP.
Bottom line---do depart---don't do CP.
Op, he means don't depart--- don't do CP.
Do AOS only if you have a overstay issue.
Not Over stayed only H1b stayed without pay stubs.
You posted about AOS for a spouse of a USC, right? Work on your (c)(9) EAD. What is the point in continuing with the employment based non-immigrant or EB immigrant route?
And being a benched H1-B is no good for anyone. Please post more complete information in your questions in the future.
Concerned4us
Banned
File with the DOL for proper payments from your employer.
Understand the difference in consequences between out of status and illegally present.
Understand the difference in consequences between out of status and illegally present.
Jackolantern
Registered Users (C)
You mean "out of status" vs. "unlawful presence". Yes, generally if there were less than 180 days of unlawful presence, even if there were more than 180 days of "out of status", one can still obtain a green card through consular processing.
But if you are married to a US citizen, there is no need to go abroad for consular processing. Being married to a USC, both out of status and unlawful presence are forgiven if you remain in the US and pursue the I-485 process (adjustment of status) and you don't leave the US until your green card is approved.
But if you are married to a US citizen, there is no need to go abroad for consular processing. Being married to a USC, both out of status and unlawful presence are forgiven if you remain in the US and pursue the I-485 process (adjustment of status) and you don't leave the US until your green card is approved.