Jump to content
PJ1925

adjusting status from a visitors visa with a permanent resident?

By PJ1925 in Bringing Family Members of Permanent Residents to America

 Share

32 posts in this topic

Recommended Posts

PJ1925 Contributor

PJ1925   2

Posted
Filed: AOS (pnd) Country: Dominican Republic
 Timeline
Posted

Hello, My sister started adjusting her status she sent her package but her husband is a permanent resident not a citizen.That has gotten me thinking... She is here with an overstayed b1/b2 visa? Any problem she might have?

Link to comment
Share on other sites
  • Replies 31
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Krikit
Krikit

Carlos and Amy is a long time member and an asset to VJ. Her post does not violate the TOS as it is not advertising... just a recommendation. You will see numerous recommendations for specific peopl

Newbie608
Newbie608

She cannot adjust her status through a permanent resident, only through a citzen. Her application will be denied and she will face deportation, her overstay even makes her situation worst as she will

grrrrreat
grrrrreat

You misled us by calling it adjustment, which it wasn't. You should still be scared--she is still liable to be removed. USCIS might realize she is unlawful now based on what her I-130 says. Why has

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

Hello, My sister started adjusting her status she sent her package but her husband is a permanent resident not a citizen.That has gotten me thinking... She is here with an overstayed b1/b2 visa? Any problem she might have?

She cannot adjust her status through a permanent resident, only through a citzen. Her application will be denied and she will face deportation, her overstay even makes her situation worst as she will be banned for 3-10yrs.

Her spouse should have just filed the petition and update her case when he's a citizen...good luck

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Link to comment
Share on other sites
Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

Hello, My sister started adjusting her status she sent her package but her husband is a permanent resident not a citizen.That has gotten me thinking... She is here with an overstayed b1/b2 visa? Any problem she might have?

Didn't they read the AOS eligibility?

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

Hello, My sister started adjusting her status she sent her package but her husband is a permanent resident not a citizen.That has gotten me thinking... She is here with an overstayed b1/b2 visa? Any problem she might have?

She should withdraw the I-485 (adjustment application) but leave the I-130 (immigrant visa petition) pending. Hopefully USCIS will not begin removal proceedings against her. If she has overstayed for less than 180 days, she can leave without incurring an overstay ban. Then when her I-130 is approved and her priority date is current, she can apply for an immigrant visa at the consulate.

If she stays, her only options would be to (1) stay in the U.S. as an undocumented immigrant until her husband becomes a U.S. citizen, and then file I-485, or (2) stay in the U.S. as an undocumented immigrant until her I-130 is approved and her priority date is current, then travel back to her home country to apply for an immigrant visa AND apply for a waiver of the overstay ban based on severe hardship.

Good luck!

Link to comment
Share on other sites
PJ1925 Contributor

PJ1925   2

Posted
Filed: AOS (pnd) Country: Dominican Republic
 Timeline
  • Author
Posted

She should withdraw the I-485 (adjustment application) but leave the I-130 (immigrant visa petition) pending. Hopefully USCIS will not begin removal proceedings against her. If she has overstayed for less than 180 days, she can leave without incurring an overstay ban. Then when her I-130 is approved and her priority date is current, she can apply for an immigrant visa at the consulate.

If she stays, her only options would be to (1) stay in the U.S. as an undocumented immigrant until her husband becomes a U.S. citizen, and then file I-485, or (2) stay in the U.S. as an undocumented immigrant until her I-130 is approved and her priority date is current, then travel back to her home country to apply for an immigrant visa AND apply for a waiver of the overstay ban based on severe hardship.

Good luck!

She has been here for 7 years, and she only applied for the 1-130... Can she still be deported?

Link to comment
Share on other sites
Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

She has been here for 7 years, and she only applied for the 1-130... Can she still be deported?

If she submit only i-130 then she should be ok but you never know with immigation...

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

She has been here for 7 years, and she only applied for the 1-130... Can she still be deported?

Oh if she only applied for I-130, then she hasn't applied to adjust status. Adjustment of status is form I-485.

She's not legal now, so yes she can be placed in removal proceedings. And if she leaves, she will be banned for 10 years.

Her husband should apply for naturalization right away. As soon as he is a U.S. citizen, she can file I-485 and adjust her status. She can't adjust before that.

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted (edited)

Omg you guys scared me! Thank u So much!!!!

You misled us by calling it adjustment, which it wasn't. You should still be scared--she is still liable to be removed. USCIS might realize she is unlawful now based on what her I-130 says.

Why hasn't her husband applied for naturalization sooner? He can apply 5 years after he gets a Green Card. That is her only route to becoming a U.S. citizen. The I-130 she filed is basically worthless without that.

Edited by grrrrreat
Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

I don't know. He hasnt been very nice to her... Maybe because he speaks a little English and has been in jail because of hitting her... I really hope she isn't deported :/

She may be able to file a petition under the Violence Against Women Act: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

If she files a petition and it is approved, she can get deferred action or a Green Card. At the very least, her immigration status won't be connected to him anymore, so she can leave the relationship if she needs to. She'll need to prove the abuse, so it's helpful if he's been found guilty in a court.

There's probably an organization that helps abused women in your area, so she should contact them. Maybe you can look around for someone who can help her.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...