Overstay for a LPR spouse

[amoebaextinct 0]

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?

[Merrytooth 5,748]

The gf/wife could remain illegal in US till he becomes US citizen.

Overstay is forgiven for spouse of US citizen.

[milimelo 4,571]

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?

[amoebaextinct 0]

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?

[amoebaextinct 0]

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.

[milimelo 4,571]

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.

[aussie_jason 195]

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.

[MacUK 983]

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.

[Girl from Celebes 588]

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!

[amoebaextinct 0]

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 :/