AOS after overstaying for a year

[p cube 1]

Hi everyone,

There are A LOT of questions I want to ask, as you all know...

I graduated last december (F-1), and applied for a work permit (EAD) but got denied because it was filed after the deadline. I ended up staying here illegally until now...

My girlfriend and I are thinking about getting married and starting the process to obtain a green card.

I did some researches, but there are some things I am not sure about.

First, how likely will USCIS approve i130 for overstayed people like me?

Second, am i eligible for adjust of status? (My main concern is my unlawful presence for almost 12 months...)

Third, does USCIS count days as unlawful while AOS is pending? In other words, IF I got denied and decided to leave the states, would I have to face the 10-year bar? Or 3-year bar?

Thanks.

[Dr_LHA 3]

First, how likely will USCIS approve i130 for overstayed people like me?

Question: Is your girlfriend a US Citizen or a Green Card holder. If she's a US citizen then you won't have any problems.

Second, am i eligible for adjust of status? (My main concern is my unlawful presence for almost 12 months...)

Yes, assuming your future wife is a USC you can file I-130 and I-485 at the same time. USCIS will forgive your overstay.

Third, does USCIS count days as unlawful while AOS is pending?

No, as soon as you file AOS you're overstay days stop accruing. That said, I wouldn't risk any overseas travel while the AOS is processing, even if you have AP.

[Kez/JWolf 6]

If your Girlfriend is a USC then you should not have any major issues as any overstay is forgiven if you are married to a USC.... you would be best to file for AOS as soon after your wedding as you can... You may also find it helpful to have a chat with an immigration lawyer to go over your case... but you should be able to do the paperwork yourself...

Good Luck

[p cube 1]

thank you, dr iha & niagaenola!!

yes, my girlfriend is a USC. i feel much better now.

Edited December 1, 2006 by p cube