AOS as spouse of LPR with overstay

[Massboy617 10]

Hi everyone i just received my I 130 approval letter. My wife is a permanet resident. I came to the US in 2000 when i was 10 years old with a B2 visa. My parents over stayed our visa. I read the approval letter and it says:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person whom you petitioning believes that he or she is eligible for adjustment of status,

Because the person whom you are petitioning is not eligible to adjust, We have sent the approved petition to the Department of STate NAtional Visa Center (NVC), 32 Rochester Avenue, Portsmouth , NH 03801-2909. NVC processes all approved petition to that consulate."

This made me really confused. Does that mean I will have to return Brazil when my visa becomes available in order to adjust my status??? Even though I entered the country with a visa?????

Can someone explain this to me please...

Thanks,

[sky701 19]

Yes, that means you will have to go back to Brazil to go through consular processing. You entered USA with valid visa but you overstayed here (that's illegal). So you won't be eligible for the adjustment of status.

Please consult with your lawyer..

Hi everyone i just received my I 130 approval letter. My wife is a permanet resident. I came to the US in 2000 when i was 10 years old with a B2 visa. My parents over stayed our visa. I read the approval letter and it says:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the information submitted with the petition and any relating files. If the person whom you petitioning believes that he or she is eligible for adjustment of status,

Because the person whom you are petitioning is not eligible to adjust, We have sent the approved petition to the Department of STate NAtional Visa Center (NVC), 32 Rochester Avenue, Portsmouth , NH 03801-2909. NVC processes all approved petition to that consulate."

This made me really confused. Does that mean I will have to return Brazil when my visa becomes available in order to adjust my status??? Even though I entered the country with a visa?????

Can someone explain this to me please...

Thanks,

[RICARDO4EVA2 194]

Hi everyone i just received my I 130 approval letter. My wife is a permanet resident. I came to the US in 2000 when i was 10 years old with a B2 visa. My parents over stayed our visa. I read the approval letter and it says:

Congrats on the approval of the I-130

This made me really confused. Does that mean I will have to return Brazil when my visa becomes available in order to adjust my status??? Even though I entered the country with a visa?????

Yes. You got into the USA when you were 10. about 180 after you turned 18 you had the choice to depart the USA to avoid building up the illegal presence. Since your wife is not a US Citizen your illegal presence will not be forgiven. Y Right now you only have the option to leave the USA and have your interview conducted over seas.. in your country. It would be more than just a normal interview since you overstated and your wife's residency status is not the preferred.

When is your wife eligible to apply for US. Citizenship..? She intend to apply when that time comes..?

[Massboy617 10]

Yes, that means you will have to go back to Brazil to go through consular processing. You entered USA with valid visa but you overstayed here (that's illegal). So you won't be eligible for the adjustment of status.

Please consult with your lawyer..

I was told IF you came illegaly for example crossing the border then you wouldnt be able to apply for adjustment status. But if you had a inspection then you would be able to apply for adjustment status. I just had a friend who came with a visa stayed in US for 7 years illegaly and married a USC applied for adjustment status with 3 month that he got his green card. unless its different for USC?

[RICARDO4EVA2 194]

I was told IF you came illegaly for example crossing the border then you wouldnt be able to apply for adjustment status. But if you had a inspection then you would be able to apply for adjustment status. I just had a friend who came with a visa stayed in US for 7 years illegaly and married a USC applied for adjustment status with 3 month that he got his green card. unless its different for USC?

[Massboy617 10]

I guess best way to go is to consult with my lawyer. He told me I would be able to apply for adjustment Status once visa became current. I will let you guys know once i find out. I just sent him a email with a copy of my approval letter. I was also reading on some other website that there is this form I601.. idk. i will let you guys know. if someone else knows of a similar case like mine. let me know Thanks everyone. I hope to hear something better Monday.

[RICARDO4EVA2 194]

I guess best way to go is to consult with my lawyer. He told me I would be able to apply for adjustment Status once visa became current. I will let you guys know once i find out. I just sent him a email with a copy of my approval letter. I was also reading on some other website that there is this form I601.. idk. i will let you guys know. if someone else knows of a similar case like mine. let me know Thanks everyone. I hope to hear something better Monday.

the i601 is a waiver form... to dismiss your illegal presence..

[Massboy617 10]

the i601 is a waiver form... to dismiss your illegal presence..

Ok i guess i got the answer to my question have you heard of the I485 Supplement A?

since i arrived in US before Dec 31 2001 I will be eligible for adjustment status by paying a 1,000 dollar fine.

i guess this is a good news. I would be in a very bad situation if i have to leave the country. Imagine being ban from coming in the US for 3 to 10 years.

i will be more than happy to pay the 1000 dollar fine!!!!!!

[RICARDO4EVA2 194]

Ok i guess i got the answer to my question have you heard of the I485 Supplement A?

since i arrived in US before Dec 31 2001 I will be eligible for adjustment status by paying a 1,000 dollar fine.

i guess this is a good news. I would be in a very bad situation if i have to leave the country. Imagine being ban from coming in the US for 3 to 10 years.

i will be more than happy to pay the 1000 dollar fine!!!!!!

n yes i have heard of it .. but i dont see where you are eligible. To be eligible your petition would need to filed 11 years ago..

[Massboy617 10]

n yes i have heard of it .. but i dont see where you are eligible. To be eligible your petition would need to filed 11 years ago..

Read this and you will have a better idea:

http://www.uscis.gov/files/form/i-485supainstr.pdf

I arrived in US Jan 24, 2000. I was physically present in US. I have my expired I 94 plus passport stamp. I guess that would make me eligible to file I 485 supplement A. right?

[RICARDO4EVA2 194]

Ok i guess i got the answer to my question have you heard of the I485 Supplement A?

since i arrived in US before Dec 31 2001 I will be eligible for adjustment status by paying a 1,000 dollar fine.

i guess this is a good news. I would be in a very bad situation if i have to leave the country. Imagine being ban from coming in the US for 3 to 10 years.

i will be more than happy to pay the 1000 dollar fine!!!!!!

based in the form you would not be able to file the form i485 supp A,

http://www.uscis.gov/files/form/i-485supainstr.pdf

Read this and you will have a better idea:

http://www.uscis.gov...85supainstr.pdf

I arrived in US Jan 24, 2000. I was physically present in US. I have my expired I 94 plus passport stamp. I guess that would make me eligible to file I 485 supplement A. right?

no. the same instructions you read.. i have read. you do not have a visa available for you immediately. That disqualifies you. Someone will come along to helpyou but from what i see .. you cannot adjust.

[NigeriaorBust 4,087]

Everyone would love it if a fine would make their immigration indescrections go away. Unless you filed by the date mentioned in your referenced document then you are out of luck. You seem to fail the file by date at least

based in the form you would not be able to file the form i485 supp A,

http://www.uscis.gov/files/form/i-485supainstr.pdf

no. the same instructions you read.. i have read. you do not have a visa available for you immediately. That disqualifies you. Someone will come along to helpyou but from what i see .. you cannot adjust.

[belinda63 3,038]

Best bet is to wait until your spouse is a USC. Differences are such.

LPR: immediate visa number is not available for the spouse, the spouse cannot adjust status within the US if they are out of status, a hardship waiver is not available for the spouse of an LPR for an overstay ban.

USC: immediate visa number available, any overstay will be forgiven and you can adjust from within the US even if out of status, hardship waiver is available to overcome a ban.

For the supplement to apply to you the petition would have to have been filed no later than April 30, 2001.

[Massboy617 10]

Well everybody I really dont know what my situation is but i spoke to my lawyer today and he told me I will be able to adjust my status in US even though I overstayed my B2 visa. HOW? I really dont know. I will get back to you guys tomorrow when im done with my appointment.

[Brother Hesekiel 2,236]

If you leave the U.S., you will trigger the 10-year bar for unlawful presence over 1 year.

Your only option is to wait until your wife becomes a U.S. citizen, at which point you will become eligible for AoS.