Urgent - Please help ! overstayed with visa waiver program and I-539 sent

I

indohkusa

Registered Users (C)
Hi all,
I will appreciate any suggestion / solution.
My parents are British Citizen and came to USA with Visa Waiver Program few months ago because I just had a baby. When their I-94 were about to expired in Aug, I filed I-539 for them as well as I-130 because I did not know that extension stay is not allowed under VWP ( I just found out today).
Now they have been overstayed for 2.5 months. What can we do ???!!!

My parents are old (70 and 60), they depend on me on taking care of this kind of issue, and now I really don't know what to tell them (they still don't know)

Shall I send them back immediately? I intent to apply green card for them so that they can stay with the family as they are old and will need us to take care of them in the future (all the family members are in USA). Will this overstay affect their application in the future? Will they allow to come to USA again? What should I do now ??

I really appreciate your help. Any suggestion / opinion are welcome.
 
The only thing you can do for them at this point is try not to make the problem become bigger than it already is. Your parents are "unlawfully present" in the United States but the 3-year ban to enter the U.S. won't be triggered until the overstay exceeds 180 days. So have them go back to the U.K before it reaches 180 days, preferrably a lot sooner.

The overstay will definitely affect applications in the future, whether it is a non-immigrant visa or GC. But IMHO it's far from hopeless, because you can at least say that they attempted to extend their stay before the authorized period of stay expires (though it wasn't allowed).
 
Since their I-94Ws have expired and they were not turned in, they are considered as having overstayed.
 
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You might want to check with a good immigration lawyer to check if your parents can enter the U.S on a VWP again. There has been a case in an another forum where the person on a VWP was denied entry and was asked to apply for a visitor visa at the consulate for overstaying.
 
That's what I read from other website too, Visa will be required in the future.
Isn't it too late to file I-485 for them?
I am a US Citizen and they are my immediate relatives
 
1. If you overstays VWP, you won't be able to enter the U.S. under VWP again.
2. To have them leave from Canada is the worst thing you can do-If you don't turn in your I-94, CBP/USCIS won't have a record that you departed and you continue accumulating more overstay even if you are not in the U.S. any more. After 1 year, you will get a 10-year ban. DON"T DO IT.
3. You can try I-485 but the USCIS might deny it. Do it fast if you do. Why didn't you file it when you file I-130? You were allowed to file simultaneously then....
 
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Objective is to stay here to be with family memebers.
I just called USCIS and found that I can still file I-485 with expired I-94 and entered via VWP. i am looking at the I-485 right now...
Which is the reason I am applying for an adjustment to permanent resident status? None of them seems applied... Please hlep
 
Sorry,
Let me clarify.
On I-485, under "I am applying for an adjustment to permanent resident status because:" Which one i should pick among all those selection? None of them seems apply.
Also what should i put under "current USCIS status"

Thanks everyone
 
indohkusa said:
Objective is to stay here to be with family memebers.
I just called USCIS and found that I can still file I-485 with expired I-94 and entered via VWP. i am looking at the I-485 right now...
Which is the reason I am applying for an adjustment to permanent resident status? None of them seems applied... Please hlep
Click to expand...

Good news, eh?
Are you looking at the Part 2. (in page 1) of I-485? If yes, you (your parents) should check a.
 
Just put "B-2 (VWP)" in the "Current USCIS Status," and make sure to fill accurate expiration date next to it. Strictly speaking your parents' current status is "None," but this way they will now what happened.
 
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I would strongly suggest to talk to a good immigration lawyer. If i remember correct, a person needs to be in valid status to file for I-485. As of now your parents have NO STATUS. So better talk to an immigration lawyer. The last thing you want is to get your I-485 denied.
 
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