unlawful presence question

H

helpjune4

Registered Users (C)
I was on AOS between 10/03 to 09/04 as a derivative spouse of my husband's EB1 application (concurrently filing). Unfortunately, his EB1 was denied in 09/04 and I switched to H4 since then. Now my husband refiled his EB1 (I 140 only) and the new I 140 was approved yesterday.

My question: Is my prior AOS (from 10/03 to 09/04) considered as unlawful presence and affect my new I485 filing?

Thanks!
 
helpjune4 said:
My question: Is my prior AOS (from 10/03 to 09/04) considered as unlawful presence and affect my new I485 filing?
Click to expand...

By and large, no. You need to overstay an I-94 with no pending I-485 in order to accumulate unlawful presence. However, since the consequences of illegal presence are so dire (3/10-year re-entry bars and the inability to adjust status without 245i relief) you may want to consult an attorney if you are unsure.
 
You must log in or register to reply here.
Top