Work Visa

[LIFE'SJOURNEY 970]

What about if he had a C/D visa.

For example.

A C/D visa(s) are generally good for more than one year. A C/D visa doesn't have an restrictions on AOS.

Edited May 10, 2012 by LIFE'SJOURNEY

[Boiler 46,232]

It does.

[Harpa Timsah 13,258]

I'll play too. What about a J-1 visa for an au pair with a 2-year HRR?

I was thinking about a crewman's visa as well, hence my initial question. You cannot Adjust Status from it at all.

Edited May 10, 2012 by Harpa Timsah

[LIFE'SJOURNEY 970]

I'll play too. What about a J-1 visa for an au pair with a 2-year HRR?

I was thinking about a crewman's visa as well, hence my initial question. You cannot Adjust Status from it at all.

Boiler, yes a D/C visa is non AOS,

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)

In transit through the United States (C nonimmigrant visa)

But since she stated their visa has expired, they are out of status.

[Boiler 46,232]

Boiler, yes a D/C visa is non AOS,

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)

In transit through the United States (C nonimmigrant visa)

But since she stated their visa has expired, they are out of status.

You can adjust through Marriage if you entered on the VWP.

[LIFE'SJOURNEY 970]

I'll play too.

What about a J-1 visa for an au pair with a 2-year HRR?

I was thinking about a crewman's visa as well, hence my initial question. You cannot Adjust Status from it at all.

Since the person is a he, I doubt they were an au pair. "he has been here over two years on a work ". But I am not saying never, maybe the he was an au pair.

[AKSinghSingh79 143]

Since the person is a he, I doubt they were an au pair. "he has been here over two years on a work ". But I am not saying never, maybe the he was an au pair.

Not all J-1s are issued for an au pair. My fiance was issued a J-1 in the field of culinary arts and was also subjected to the 2-year HRR.

I think the OP mentioned an au pair as an example because the J-1 is a very common visa for an au pair.

[Jamaica2009 4]

I usually assume when someone says "I have a friend who..." that they are really talking about themselves. But, maybe I'm too cynical.

She is not asking for herself, she is already married

[Ann&bill 0]

oh sorry i dnt know about it

[Caramel 3]

If they are married, then they need to file the 130 and AOS pkg, the overstay will be forgiven if he is married to a USC.

Thanks LIFE'SJOURNEY!

[Caramel 3]

Because H2b visa's are only good for a max of one year, and I am guessing her friend is another Jamaican. Most JA's are here on H2b visas, a H1B visa expiration isn't usually a one year visa.

Yes LIFE'SJOURNEY he is from Jamaica!

[Basee 2]

Yes LIFE'SJOURNEY he is from Jamaica!

Caramel, tell your friend to file I-130 and I-485 along with EAD and AP... He's already out of status... I'm no expert these guys seem to have all the knowledge, but I'm assuming there are certain visa's you can't adjust from, but in his case, he entered legally, went out of status... now he's adjusting from 'Out of Status' not a visa. I could be wrong... but that's my take on it.

[Boiler 46,232]

Yep you are wrong, the visa matters.