overstay tourist visa and apply for GR

[jajaundjaja 0]

Hi everybody, I came to US in March 2002 with tourist visa and overstay my visa...in October 2008 my boss apply in DOL I got approved in May 2011..In September 2011 we apply for I-140 which was approved recently..I'M under category EB3 ROW...I ask my lawyer what is the next step and he said long wait, because of my out of status..is there anythnig we could do? or is he really right that I have to wait for "law change"

I have ITIN and pay taxes every year...first when this lawyer took my case I thought it will end with GC.

[Harpa Timsah 13,258]

You have overstayed, so by choosing to do so instead of going home when your time was up, you are ineligible for any work-related GC.

[jajaundjaja 0]

You have overstayed, so by choosing to do so instead of going home when your time was up, you are ineligible for any work-related GC.

ok then I don't understand how I could go through DOL and get approved on my I-140 if I can not end apply for I-485 :-(...but thanks

[JohnR! 5,495]

ok then I don't understand how I could go through DOL and get approved on my I-140 if I can not end apply for I-485 :-(...but thanks

That is a good question and one you should be asking your lawyer. With the EB visa, your lawyer must have filed for a waiver,due to your overstay. Because you overstayed on a tourist visa, it would be highly unlikely a waiver would be granted. You are right in wondering how the EB could be approved but not allow you to proceed further.

For your own good, ask your lawyer to explain in detai how your case was handledl - I.e. what forms were filed - and how s/he got around the ban. Lawyers sometime skirt the law in order to solve an immediate situation and the consequences may be that they create other issues that may affect you later down the road.

Hopefully you got a break and could apply for a green card soon.

Edited September 9, 2012 by Gegel

[ceadsearc 516]

Because the I-140 is filed by the company just like the I-130 is filed by a spouse. Approval of it rests on them filling out their paperwork properly and THEIR petition is approved which would give permission to apply for I-485 ... IF you are eligible. Which you are not.

Does your employer know you have overstayed your visa and are not work-authorized? Seems odd to me that an employer breaking the law by employing someone illegally would then call that to the attention of USCIS?

[jajaundjaja 0]

That is a good question and one you should be asking your lawyer. With the EB visa, your lawyer must have filed for a waiver,due to your overstay. Because you overstayed on a tourist visa, it would be highly unlikely a waiver would be granted. You are right in wondering how the EB could be approved but not allow you to proceed further.

For your own good, ask your lawyer to explain in detai how your case was handledl - I.e. what forms were filed - and how s/he got around the ban. Lawyers sometime skirt the law in order to solve an immediate situation and the consequences may be that they create other issues that may affect you later down the road.

Hopefully you got a break and could apply for a green card soon.

Thank you Gegel,interesting...so far what I know is..that when some of our friend mention about his good lawyer,we ask for contact, because that time my boss said she would sponsor me. So I went to him in 2007 and that time he said there is no way to get GC,but we can start..he ask me for my info,I have to fill some of their forms and bassicly after this he fill out the ETA Form 9089,this got approved May 2011 and we have to apply for the I-140 within 6 months, which happened in September 2012 and my boss receive I-797C, Notice of Action within few days, it says: the I-140, Immigrant Petition for Alien worker has been received by our office for the following beneficiaries and is in process..there is my name..and this got approved more than a month ago...my lawyer received the acctual approval letter last week a to my question what next step is..he said.. the next step involves a lot of waiting.As of now, you are not eligible to apply fo GC :-(

[jajaundjaja 0]

Because the I-140 is filed by the company just like the I-130 is filed by a spouse. Approval of it rests on them filling out their paperwork properly and THEIR petition is approved which would give permission to apply for I-485 ... IF you are eligible. Which you are not.

Does your employer know you have overstayed your visa and are not work-authorized? Seems odd to me that an employer breaking the law by employing someone illegally would then call that to the attention of USCIS?

yes she knows

[JohnR! 5,495]

Thank you Gegel,interesting...so far what I know is..that when some of our friend mention about his good lawyer,we ask for contact, because that time my boss said she would sponsor me. So I went to him in 2007 and that time he said there is no way to get GC,but we can start..he ask me for my info,I have to fill some of their forms and bassicly after this he fill out the ETA Form 9089,this got approved May 2011 and we have to apply for the I-140 within 6 months, which happened in September 2012 and my boss receive I-797C, Notice of Action within few days, it says: the I-140, Immigrant Petition for Alien worker has been received by our office for the following beneficiaries and is in process..there is my name..and this got approved more than a month ago...my lawyer received the acctual approval letter last week a to my question what next step is..he said.. the next step involves a lot of waiting.As of now, you are not eligible to apply fo GC :-(

In that case, the question you need to ask him is when will you be able to apply for a GC. You should also be interested in asking him how he got your EB without filing for a waiver. Make your concerns know to him sooner than later.

[jajaundjaja 0]

In that case, the question you need to ask him is when will you be able to apply for a GC. You should also be interested in asking him how he got your EB without filing for a waiver. Make your concerns know to him sooner than later.

what he said in last email: because I'm out of status and not eligible for 245i, I have to wait for some changes in law,which they do not seem inclined to do :-(

[kcoyclay1 98]

what he said in last email: because I'm out of status and not eligible for 245i, I have to wait for some changes in law,which they do not seem inclined to do :-(

That is correct. You will have to wait until the law is passed. Right now your petition is approved but your status needs to be adjusted, and that depends on the passing of that law. You will also have to pay the fine for overstay which is different from the adjustment of status fee.

Edited September 9, 2012 by kcoyclay1

[JohnR! 5,495]

what he said in last email: because I'm out of status and not eligible for 245i, I have to wait for some changes in law,which they do not seem inclined to do :-(

Ok. This confirms what the current law says. The best you can do is sit tight, keep your job. Keep paying your taxes because that may be needed at some point in the future to prove your ties with the US if and when a possibility to apply for a GC should arise. Despite your overstay, you're now legally in the US, make sure you're 100% within the law in everything you do.

[jajaundjaja 0]

That is correct. You will have to wait until the law is passed. Right now your petition is approved but your status needs to be adjusted, and that depends on the passing of that law. You will also have to pay the fine for overstay which is different from the adjustment of status fee.

the question is when...we not getting any younger :-(

Ok. This confirms what the current law says. The best you can do is sit tight, keep your job. Keep paying your taxes because that may be needed at some point in the future to prove your ties with the US if and when a possibility to apply for a GC should arise. Despite your overstay, you're now legally in the US, make sure you're 100% within the law in everything you do.

Thank you...I always do,but the life like that...well..not easy

[Harpa Timsah 13,258]

I think your lawyer is fleecing you for money when they know you cannot immigrate.

[asdfg 18]

Hi everybody, I came to US in March 2002 with tourist visa and overstay my visa...in October 2008 my boss apply in DOL I got approved in May 2011..In September 2011 we apply for I-140 which was approved recently..I'M under category EB3 ROW...I ask my lawyer what is the next step and he said long wait, because of my out of status..is there anythnig we could do? or is he really right that I have to wait for "law change"

I have ITIN and pay taxes every year...first when this lawyer took my case I thought it will end with GC.

You can't adjust status or immigrate as EB3 if you have overstayed your visa more than 180 days. If I-140 is approved you may apply from abroad at your embassy but your petition will be denied because you have overstayed your visa since the March of 2002. Ban will be imposed (10 years since it appears you have been out of status for more than 365 days).

[kcoyclay1 98]

I think your lawyer is fleecing you for money when they know you cannot immigrate.

I agree with you. They charge high fees and its non-refundable. I know of someone who has paid $7500 for her entire family only to wait while the lawyer says chi-ching. They can do nothing. They only collect and wait for the law. What is that all about!

You can't adjust status or immigrate as EB3 if you have overstayed your visa more than 180 days. If I-140 is approved you may apply from abroad at your embassy but your petition will be denied because you have overstayed your visa since the March of 2002. Ban will be imposed (10 years since it appears you have been out of status for more than 365 days).

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