Overstayed visa, adjustment of status?

S

sylver

New Member
Hello,

I'm 28 years old, unmarried, came to US in 2002 and overstayed my tourist B1/B2 visa. However, my US citizen father filed I-130 for me in august, 2002, which was recently approved. I would like to know if I'm still eligibale for adjustment of status (I-485) even though I overstayed my visa?
All thoughts are greatly appreciated.
Thanks.
 
On what basis do you believe the original poster can file an I-485? There's an overstay here that has triggered the 10-yer re-entry bar, the I-130 is filed as FB1 and doesn't quality for 245i.

Our original poster has a SERIOUS problem.
 
You are correct, only immediate relatives (spouses, minor children and parents of a US citizen) may apply for adjustment of status regardless if they overstayed...At first I thought it was all children of a citizen, not only minors....
 
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hi,

I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a tourist visa B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?
I talked to 6 attorneys, 4 of them told me not and 2 of them told me that they have cases like this and got their green card, I am so confused..I don't know what to do
 
anacleta said:
hi,

I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a tourist visa B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?
I talked to 6 attorneys, 4 of them told me not and 2 of them told me that they have cases like this and got their green card, I am so confused..I don't know what to do
Click to expand...

Ana,

Lawyers will tell your anything to get your business. After all, they know you want a greencard, but don't know the law. Since you are working illegally, continue working because I can't tell you to stop making money. You aren't an immediate relative as you indicated, you will have to leave the US to adjust your status once your priority date become current. It will be years before you are able to apply, but it also depends which country you are from. If is Mexico or Phillippines, you are looking at another 20 years or so, might not be 20 but it is very long. Once you leave the US, you will be triggering a 10 years bar for overstaying your visa. I wonder how any of the 2 lawyers are going to convince USCIS to let your adjust your status in clear violation of their guidelines.... ? Someone is being promised something which can't be delivered, but only the lawyer will happy with the hefty fee he's going to receive from you. You will need to retain this lawyer for many years because your Priority Date isn't even current.
 
I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a tourist visa B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?
I talked to 6 attorneys, 4 of them told me not and 2 of them told me that they have cases like this and got their green card, I am so confused..I don't know what to do
Click to expand...


Because you aren't covered under 245i, you'll have to go through Consular Processing based on your mom's petition.
Leaving will incur the 10-year ban but since you are the child of a USC, you should qualify for the I-601 Waiver: "Application for Waiver of Ground of Inadmissibility". Your mom will have to prove that she will suffer "Extreme Hardship" (google "I-601 and proving Extreme Hardship" to learn more) due to your absence. The Consular Processing with the waiver can take months to a few years but I don't believe it will take anywhere near 20 years. There's a great forum for this type of waiver at immigrate2us.net

You should wait for your Priority Date to be reached before you'd start the Consular Processing because for your Preference category they are working on Jan2004 (unless you're from Mexico or the Philippines). So, in a few more years. Attorney Laurel Scott specializes in the I-601 waivers so maybe you can have a consultation with her.


Another option (marriage/adjustment of status):
Since you overstayed your visa, the only way to adjust status in the US and not risk the 10 year ban would be through marriage to a US citizen (or a Permanent Resident who can later apply for citizenship). Your work history and overstay will be forgiven through marriage to a USC and you'll be in the "Immediate Relative" category. This must be a bona fide marriage otherwise you'll be committing fraud and the consequences of immigration/marriage fraud are quite severe.
 
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NEED HELP (URGENT Please)

Hello,

My dad is a permanent resident of US and he filed Green Card for my 9 years old sister. My sister legally entered US in 2008 on a visit visa and overstayed. Now her I-130 is approved and USCIS sent us a mail that it will contact my sister. In this situation can we file adjustment of status for my sister or does she have to go back to the home country for her Green Card processing?

Any help in this regard will be highly appreciated.

Once again: Child entered in US legally,
Child is minor and only 9 years old.
i-130 is approved

Thanks
maria
 
mashraf01 said:
My dad is a permanent resident of US and he filed Green Card for my 9 years old sister. My sister legally entered US in 2008 on a visit visa and overstayed. Now her I-130 is approved and USCIS sent us a mail that it will contact my sister. In this situation can we file adjustment of status for my sister or does she have to go back to the home country for her Green Card processing?
Click to expand...

She will have to leave the US to pursue the GC through a consulate, unless your father becomes a US citizen and upgrades her case to Immediate Relative. Fortunately for her, the overstay happened when she was under 18 so she will not be subject to the 3-year or 10-year bar if she leave the US.
 
wonders said:
Another option (marriage/adjustment of status):
Since you overstayed your visa, the only way to adjust status in the US and not risk the 10 year ban would be through marriage to a US citizen (or a Permanent Resident who can later apply for citizenship). Your work history and overstay will be forgiven through marriage to a USC and you'll be in the "Immediate Relative" category. This must be a bona fide marriage otherwise you'll be committing fraud and the consequences of immigration/marriage fraud are quite severe.
Click to expand...

Is this so? If my husband has to leave, and faces the 10 year ban bc he's married to me? Am I to understand the more dug in here that he is, the greater possibility of forgiveness? ex: marriage, work history, children?
 
Leani said:
Is this so? If my husband has to leave, and faces the 10 year ban bc he's married to me?
Click to expand...

No, the 10 year ban would be for overstaying. But the ban may be lengthened if they find that you had a sham marriage that was entered for the purpose of getting a green card instead of living as a genuine married couple.
 
Jackolantern,
Thanks for your reply, I think my post was cut off though. A post above mentions someones overstay being forgiven bc they are married to an USC. What I thought I posted was if my husband faces the 10 year ban, could it be forgiven bc he's already married (1.5 + years at this point) to an USC?
 
The forgiveness does not apply if he's deported, or if he voluntarily leaves the US prior to obtaining the forgiveness (in the form of a green card approval).
 
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If your husband entered legally in US and overstayed, I think he can adjust his status. BTW they don't give a rats behind if he has been a law abiding citizen, good work history, wife and kids!
 
Hii!!

Hi Anacleta!!
How did it go? I have a friend who is having the same situation!!
I'll appreciated if u can tell me about it...!! thanks
anacleta said:
hi,

I am experiencing one of the most difficult problems in my life. I came to USA on June 10th, 2005 (I was 23) with a tourist visa B-2 and I stayed in the US ilegally until now. My mom filled a I-130 on 29 december 2006 when she was permanent resident. Later she became citizen and she changed my status case being now first priority. So on July 22, 2010 I got the approval of the I-130. But here is the problem ..It's supposed that I have to wait for a visa in order to file the form I-485 but one of the requirements to adjust my status is that I should not work in the US (I am not inmediately relative I am considered family member, unmarried son over 21), and I did...I work since 2006 but I got my ITIN number to pay my taxes. So please as I read in some forums they said that USCIS won't accept my application and they would ask me to leave the country...is there anyway I can avoid this? does a waiver can do something to solve my case? please I really need help. I didn't file yet the I-485 what can I do for not being deported?
I talked to 6 attorneys, 4 of them told me not and 2 of them told me that they have cases like this and got their green card, I am so confused..I don't know what to do
Click to expand...
 
hi

sylver said:
Hello,

I'm 28 years old, unmarried, came to US in 2002 and overstayed my tourist B1/B2 visa. However, my US citizen father filed I-130 for me in august, 2002, which was recently approved. I would like to know if I'm still eligibale for adjustment of status (I-485) even though I overstayed my visa?
All thoughts are greatly appreciated.
Thanks.
Click to expand...

hi there im in the same sittuation as you, dilema i know, did you have any success ? please email me , oliver.reed53@yahoo.com thanks in neeed of help
 
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