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Posted

Hey guys,

I was wondering if you could help me explain my friend the seriousness of the predicament he is in right now. He applied for asylum from within the US, and his asylum status was approved last year. He applied for LPR status, and at the moment he is waiting for his green card to arrive. He has a girlfriend who came last summer on J-1 visa and overstayed. She also did not obtain neither a copy of i-94 form, nor the i-94 number when it was available. Once he receives his green card, they want to get married and adjust the status for her. As I understand, there are two main obstacles: overstay is not forgiven for the LPR spouses, and, as the LPR's spouse, she is not allowed to file I-485 while in the US. And that will incur a 10-year ban on her. However, when I try to talk some sense into my friend, he won't listen to me. He says that his lawyer assured him that everything is going to be fine and they will be able to adjust without any ban. He also does not want to get any details from his lawyer, since he is 100% sure in him.

My question is, is there a possibility to adjust the status for the girl?

November 2013 - Got Married, yay!

Adjustment of Status

02-26-2014 [Day 01] - AOS package sent to the Chicago Lockbox
02-27-2014 [Day 02] - Package was received and signed for
03-06-2014 [Day 09] - Received Receipt Notice through text. Status: Acceptance for I-485; Initial Review for I-130+I-765
03-10-2014 [Day 13] - Hard Copies of NOA received (notice date 02/28)
03-14-2014 [Day 17] - Biometric Appointment Letter received in the mail (04/01/2014)
03-19-2014 [Day 22] - Successful walk-in for Biometrics Appointment at Brooklyn ASC
04-02-2014 [Day 36] - Notifications via text & e-mail: i-485 updated to "Testing and Interview"
04-08-2014 [Day 42] - Notifications via text & e-mail: Interview Appointment Notice for May, 12th
04-12-2014 [Day 46] - Interview Notice received in the mail
05-08-2014 [Day 72] - Notifications via text & e-mail: I-765 status changed to 'Card/Document Production'
05-12-2014 [Day 76] - Interview at Federal Plaza, NY
05-12-2014 [Day 76] - i-485 and i-130 Case Status Update: Initial Review
05-13-2014 [Day 77] - i-765 Case Status Update: EAD card mailed, tracking # included
05-14-2014 [Day 78] - 115PM I-130 Case Status Update: Post Decision Activity - petition was approved
05-14-2014 [Day 78] - 330PM - i-485 Case Status Update: Card Production, 715PM - i-485 Case Status Update: Decision
05-14-2014 [Day 78] - 516PM - i-765 - EAD card delivered
05-19-2014 [Day 83] - 830AM - i-485 Case Status Update: Card Production; 630PMi-485 Case Status Update: Tracking for the Card
05-20-2014 [Day 84] - Green card is in hands!


Removal of Conditions

03-21-2016 [Day 01] - i-751 package sent to VSC

03-23-2016 [Day 03] - package was delivered

Posted

Unless there's some provision for approved asylee's family members, there's no way to adjust status for LPR spouse that overstayed.

How long did the girlfriend/wife overstay? They should be able to get the I-94 electronically - I think that started with CBP last year. If under 180 days overstay she better leave now. Where is the gf/wife from?

ROC 2009
Naturalization 2010

Posted

Unless there's some provision for approved asylee's family members, there's no way to adjust status for LPR spouse that overstayed.

How long did the girlfriend/wife overstay? They should be able to get the I-94 electronically - I think that started with CBP last year. If under 180 days overstay she better leave now. Where is the gf/wife from?

I believe she is already out of that timeframe (180 days) - she arrived in the beginning of summer. She's from Russia and the guy is from Belarus. I should mention that they only met last summer and did not know each other at the time when he first applied for asylum.

By provision for approved asylee's family members, do you mean filing a i-602 waiver?

November 2013 - Got Married, yay!

Adjustment of Status

02-26-2014 [Day 01] - AOS package sent to the Chicago Lockbox
02-27-2014 [Day 02] - Package was received and signed for
03-06-2014 [Day 09] - Received Receipt Notice through text. Status: Acceptance for I-485; Initial Review for I-130+I-765
03-10-2014 [Day 13] - Hard Copies of NOA received (notice date 02/28)
03-14-2014 [Day 17] - Biometric Appointment Letter received in the mail (04/01/2014)
03-19-2014 [Day 22] - Successful walk-in for Biometrics Appointment at Brooklyn ASC
04-02-2014 [Day 36] - Notifications via text & e-mail: i-485 updated to "Testing and Interview"
04-08-2014 [Day 42] - Notifications via text & e-mail: Interview Appointment Notice for May, 12th
04-12-2014 [Day 46] - Interview Notice received in the mail
05-08-2014 [Day 72] - Notifications via text & e-mail: I-765 status changed to 'Card/Document Production'
05-12-2014 [Day 76] - Interview at Federal Plaza, NY
05-12-2014 [Day 76] - i-485 and i-130 Case Status Update: Initial Review
05-13-2014 [Day 77] - i-765 Case Status Update: EAD card mailed, tracking # included
05-14-2014 [Day 78] - 115PM I-130 Case Status Update: Post Decision Activity - petition was approved
05-14-2014 [Day 78] - 330PM - i-485 Case Status Update: Card Production, 715PM - i-485 Case Status Update: Decision
05-14-2014 [Day 78] - 516PM - i-765 - EAD card delivered
05-19-2014 [Day 83] - 830AM - i-485 Case Status Update: Card Production; 630PMi-485 Case Status Update: Tracking for the Card
05-20-2014 [Day 84] - Green card is in hands!


Removal of Conditions

03-21-2016 [Day 01] - i-751 package sent to VSC

03-23-2016 [Day 03] - package was delivered

Posted

Unless there's some provision for approved asylee's family members, there's no way to adjust status for LPR spouse that overstayed.

How long did the girlfriend/wife overstay? They should be able to get the I-94 electronically - I think that started with CBP last year. If under 180 days overstay she better leave now. Where is the gf/wife from?

Also, it seems like after the visa/status is expired, you can't access i-94 information online anymore unless you know your i-94 number.

November 2013 - Got Married, yay!

Adjustment of Status

02-26-2014 [Day 01] - AOS package sent to the Chicago Lockbox
02-27-2014 [Day 02] - Package was received and signed for
03-06-2014 [Day 09] - Received Receipt Notice through text. Status: Acceptance for I-485; Initial Review for I-130+I-765
03-10-2014 [Day 13] - Hard Copies of NOA received (notice date 02/28)
03-14-2014 [Day 17] - Biometric Appointment Letter received in the mail (04/01/2014)
03-19-2014 [Day 22] - Successful walk-in for Biometrics Appointment at Brooklyn ASC
04-02-2014 [Day 36] - Notifications via text & e-mail: i-485 updated to "Testing and Interview"
04-08-2014 [Day 42] - Notifications via text & e-mail: Interview Appointment Notice for May, 12th
04-12-2014 [Day 46] - Interview Notice received in the mail
05-08-2014 [Day 72] - Notifications via text & e-mail: I-765 status changed to 'Card/Document Production'
05-12-2014 [Day 76] - Interview at Federal Plaza, NY
05-12-2014 [Day 76] - i-485 and i-130 Case Status Update: Initial Review
05-13-2014 [Day 77] - i-765 Case Status Update: EAD card mailed, tracking # included
05-14-2014 [Day 78] - 115PM I-130 Case Status Update: Post Decision Activity - petition was approved
05-14-2014 [Day 78] - 330PM - i-485 Case Status Update: Card Production, 715PM - i-485 Case Status Update: Decision
05-14-2014 [Day 78] - 516PM - i-765 - EAD card delivered
05-19-2014 [Day 83] - 830AM - i-485 Case Status Update: Card Production; 630PMi-485 Case Status Update: Tracking for the Card
05-20-2014 [Day 84] - Green card is in hands!


Removal of Conditions

03-21-2016 [Day 01] - i-751 package sent to VSC

03-23-2016 [Day 03] - package was delivered

Posted

I believe she is already out of that timeframe (180 days) - she arrived in the beginning of summer. She's from Russia and the guy is from Belarus. I should mention that they only met last summer and did not know each other at the time when he first applied for asylum.

By provision for approved asylee's family members, do you mean filing a i-602 waiver?

I don't know about I-602 waiver. I just looked at the I-602, don't think that would apply to her.

http://www.uscis.gov/green-card/green-card-through-refugee-or-asylee-status/green-card-asylee

This really should be taken up with a lawyer who knows about asylum status.

ROC 2009
Naturalization 2010

Filed: AOS (apr) Country: Australia
Timeline
Posted

I would say she needs to return to Russia and then either wait for her ban to wear off dependent upon how long she overstayed or return and apply for a waiver, which is no easy task. The alternative would be to wait it out here and join the rest of the illegals here until the LPR becomes a USC but I can't recommend that for obvious reasons.

I don't think she would qualify as derivative asylee because they met here and didn't flee the same country but it would be worth running that by a lawyer just in case. Failing that I can't see how their lawyer thinks all is well and she could well land in removal proceedings, which would be worse for her than an overstay. Their lawyer seems to think the same rules apply for LPR's that apply with USC's and that is not the case.

Filed: Other Country: United Kingdom
Timeline
Posted

I would say she needs to return to Russia and then either wait for her ban to wear off dependent upon how long she overstayed or return and apply for a waiver, which is no easy task. The alternative would be to wait it out here and join the rest of the illegals here until the LPR becomes a USC but I can't recommend that for obvious reasons.

I don't think she would qualify as derivative asylee because they met here and didn't flee the same country but it would be worth running that by a lawyer just in case. Failing that I can't see how their lawyer thinks all is well and she could well land in removal proceedings, which would be worse for her than an overstay. Their lawyer seems to think the same rules apply for LPR's that apply with USC's and that is not the case.

I'd say the lawyer seems to think that it doesn't matter what happens, he'll still be sending the OP a chunky big invoice.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Posted

Also, it seems like after the visa/status is expired, you can't access i-94 information online anymore unless you know your i-94 number.

I think you can still access it by fill out the online form. After you saved, it will showed up the admission and the I-194 number. Let me know if it works. Good luck!

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Posted

I would say she needs to return to Russia and then either wait for her ban to wear off dependent upon how long she overstayed or return and apply for a waiver, which is no easy task. The alternative would be to wait it out here and join the rest of the illegals here until the LPR becomes a USC but I can't recommend that for obvious reasons.

I don't think she would qualify as derivative asylee because they met here and didn't flee the same country but it would be worth running that by a lawyer just in case. Failing that I can't see how their lawyer thinks all is well and she could well land in removal proceedings, which would be worse for her than an overstay. Their lawyer seems to think the same rules apply for LPR's that apply with USC's and that is not the case.

Thanks! That is what I am thinking too. Just wanted to make sure I am not deeply mistaken in some way. Perhaps, the lawyer wants to press on the tight connections between Belarus and Russia and go the asylee's derivative way with the girl, but the fact that they met here still affects the case. Nonetheless, if she returns back home, it will be near impossible to remove the ban. Oh kids.

I think you can still access it by fill out the online form. After you saved, it will showed up the admission and the I-194 number. Let me know if it works. Good luck!

Thanks! I'll tell my friend, but not sure he even want to talk to me at this point :/

November 2013 - Got Married, yay!

Adjustment of Status

02-26-2014 [Day 01] - AOS package sent to the Chicago Lockbox
02-27-2014 [Day 02] - Package was received and signed for
03-06-2014 [Day 09] - Received Receipt Notice through text. Status: Acceptance for I-485; Initial Review for I-130+I-765
03-10-2014 [Day 13] - Hard Copies of NOA received (notice date 02/28)
03-14-2014 [Day 17] - Biometric Appointment Letter received in the mail (04/01/2014)
03-19-2014 [Day 22] - Successful walk-in for Biometrics Appointment at Brooklyn ASC
04-02-2014 [Day 36] - Notifications via text & e-mail: i-485 updated to "Testing and Interview"
04-08-2014 [Day 42] - Notifications via text & e-mail: Interview Appointment Notice for May, 12th
04-12-2014 [Day 46] - Interview Notice received in the mail
05-08-2014 [Day 72] - Notifications via text & e-mail: I-765 status changed to 'Card/Document Production'
05-12-2014 [Day 76] - Interview at Federal Plaza, NY
05-12-2014 [Day 76] - i-485 and i-130 Case Status Update: Initial Review
05-13-2014 [Day 77] - i-765 Case Status Update: EAD card mailed, tracking # included
05-14-2014 [Day 78] - 115PM I-130 Case Status Update: Post Decision Activity - petition was approved
05-14-2014 [Day 78] - 330PM - i-485 Case Status Update: Card Production, 715PM - i-485 Case Status Update: Decision
05-14-2014 [Day 78] - 516PM - i-765 - EAD card delivered
05-19-2014 [Day 83] - 830AM - i-485 Case Status Update: Card Production; 630PMi-485 Case Status Update: Tracking for the Card
05-20-2014 [Day 84] - Green card is in hands!


Removal of Conditions

03-21-2016 [Day 01] - i-751 package sent to VSC

03-23-2016 [Day 03] - package was delivered

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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