Possible to change status after visa waiver expired? (split thread)

[damocan 0]

Hi Everyone,

Im currently in the US waiting for my i-130 to process and am here with my wife and two kids who all have US citizenship, I was informed I could stay here on my I-130 until the interview date (protected status) in the Embassy in London. I am now being told by my lawyer that as I have overstayed my visa waiver by 3 months I must return to the uk and come back on a B1/B2 visa? is this the case? is it possible to apply for a change of status after the visa waiver has expired? As you can see im in a real mess because of all the mis information....

Hopefully someone may have some advice.

Thanks!

[Ontarkie 14,512]

~~Thread split from an unrelated topic~~

[aaron2020 11,651]

Hi Everyone,

Im currently in the US waiting for my i-130 to process and am here with my wife and two kids who all have US citizenship, I was informed I could stay here on my I-130 until the interview date (protected status) in the Embassy in London. I am now being told by my lawyer that as I have overstayed my visa waiver by 3 months I must return to the uk and come back on a B1/B2 visa? is this the case? is it possible to apply for a change of status after the visa waiver has expired? As you can see im in a real mess because of all the mis information....

Hopefully someone may have some advice.

Thanks!

Hi,

Whoever told you that you could stay in the US with just filing an I-130 was wrong. Extremely wrong.

Since you have violated the terms of the VWP, you can not use it again.

If you leave the US, you will need a visa to return. Your chances of getting a B1/B2 visa is nil since you have immigrant intent and already violated the terms of your current visit.

You can stay and adjust to get a green card. Why not file the I-485? After all, preconceived intent to immigrate alone is not a valid reason to deny the AOS for the Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

Consult a qualified attorney.