AOS as spouse of LPR with overstay

[aaron2020 11,651]

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.

Absolutely correct.

[benuk 18]

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.

Your lawyer will say anything that you want to hear to make lots of money out of your pocket...escuta o que eu estou falando!! Only your wife can get you out of the 10 years bar! No waiver apply in your case...

Boa sorte

Edited February 5, 2012 by benuk

[JimVaPhuong 4,863]

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?

Read "Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)", section 1, item "D".

Are the beneficiary of an approvable-when-filed visa petition, or application for labor certification filed on or before April 30, 2001;

In order to be eligible to adjust status under section 245(i) somebody would have had to submit an I-130 or labor certification for you before April 30, 2001. It isn't necessary that you adjust status under that old petition. However, it IS necessary that a qualified petition was submitted before the cutoff date.

Is there another petition which your lawyer is aware of but that you haven't mentioned here?

[wwwabadiy 0]

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.

Hi arthurfca, don't be much discouraged, looks like we are in the same situation, and almost same PDs and my lawyer says the same thing. keep in touch with your case and i will do the same.