what's the best thing to do?

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xxjjccbb

Registered Users (C)
hi people.. i would just like to ask for your advise or suggestions regarding this couple i know.. they arrived here thru B1 visa and overstayed.. they have a pending family petition but the priority date isnt current yet.. they soon found an employer who petitioned them thru i140.. they concurrently filed i140 and i485.. they have waited for the decision for at least 6 years i think.. but they got a denial in the end due to no fault of their own.. it says that the employer does not have the capacity to pay.. im not sure what that means since they said they have no problem with the way they are compensated.. they have filed an appeal (submitted documents to prove employer has other assets) and is now pending.. now, they are afraid that if the appeal is denied.. they will be put in removal proceedings.. they have LPR children but they wont be citizens until 2 years from now i think..

what do you think they should do?

if they leave the country, are they subject to the 10 year ban since they overstayed their visitor visa?

if they stay, will they definitely have to face deportation?

what if the family petition becomes current in the next year or so? or the children become citizens? can they still be petitioned?

what do you think is the best action to do?

tnx.. i told them i will ask you guys since i got a lot of info from this forum from my own case.. maybe you can help them too..:)
 
How long did they overstay before they filed I-485?

If appeal failed, their best bet is through their kids. Or CP through family petition provided they aren't subject to entry bar due to overstay.
 
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actually their children are over 21 but they are only legal permanent residents.. so filing a petition thru them is not an option right now.. (citizens are the only ones who can petition parents right? .. correct me pls if im wrong)

i dont know how long before they filed the i485.. but they came through visitor visa.. and i think they overstayed for more than a year after their B1 I-94 expired.. does that mean a 10 year ban if they leave the country?

so even though the children petition them when they become citizens or the family petition becomes current.. they still have to wait the 10 years?

what if they don't leave?
 
xxjjccbb said:
actually their children are over 21 but they are only legal permanent residents..
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How'd they obtain permanent residency?

so filing a petition thru them is not an option right now.. (citizens are the only ones who can petition parents right? .. correct me pls if im wrong)
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That's correct. Once they become citizens they can petition for their parents.

i think they overstayed for more than a year after their B1 I-94 expired.. does that mean a 10 year ban if they leave the country?
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Yes. They should not leave the US.

so even though the children petition them when they become citizens or the family petition becomes current.. they still have to wait the 10 years?
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They cannot adjust on the basis of an FB or EB petition, unless they qualify for 245i relief. A petition by the children is their only hope.
 
xxjjccbb said:
i dont know how long before they filed the i485.. but they came through visitor visa.. and i think they overstayed for more than a year after their B1 I-94 expired.. does that mean a 10 year ban if they leave the country?

so even though the children petition them when they become citizens or the family petition becomes current.. they still have to wait the 10 years?

what if they don't leave?
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If they don't leave the US, US citizen kids can help them.
 
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