Overstaying P1 Visa consequences?

[vross 4]

I have a friend who came to to US on a P1 visa couple weeks ago and his visa expired today (tuesday). He missed his flight yesterday (monday) and got scared of not being able to come back so he ended up marrying his USA living girlfriend today (went to city hall and signed a marriage certificate).

Whats best for him to do in this case. Should he get onto the next plane back to his country or should he stay? He is afraid they will never let him back into the United States. Very time sensitive advice needed. Thank you.

[Boiler 45,486]

#######?

Anyway a ban does not kick in until he has overstayed 6 months.

[MUXAGIRL 69]

That's really strange! Just because he missed his flight, he gets married in panic in a day?

So far he has not incurred any ban. What he has achieved by overstaying is the following: if he goes out of the U.S. and in future applies for any non-immigrant visa, he will have a really hard time getting one, but it's not impossible.

Are you sure his "visa" expired already? The 'status' of a person is more important than 'visa', in this case whatever duration the cbp officer granted your friend on his passport is the duration of his legal stay. If that has indeed expired, then he is out of status now.

He has two choices, stay and apply for adjustment of status eventually along with I-130 petition from his wife or go back home and his wife will start the CR1 visa procedure and he will eventually go for consular interview in his country.

My vote is on CR1. Since he entered the U.S. as a non immigrant and got married within weeks, USCIS will consider he had strong immigrant intention when he entered the U.S. on a non-immigrant visa. That can result in real problems during the adjustment of status interview. Please note that a few days over stay does not affect the immigrant visa which CR1 is and getting married while here on non immigrant status is not illegal.

However, if he goes for adjustment of status, good luck explaining to USCIS the wedding that took place in such a hurry the very day his status expired.

[Boiler 45,486]

He has nothing to explain.

[MUXAGIRL 69]

Please note, the granting of a green card to your friend in this case entirely depends upon having a bona fide marriage and presenting sufficient proof of it to USCIS. If the wedding has taken place just to get immigration benefits, it's a grave mistake, as USCIS will thoroughly investigate the relationship when an immigrant visa petition will be filed for your friend.

Also to note, people who enter United states on non immigrant visa, and then get married and apply for adjustment of status quickly, are put under extra scrutiny for possible abuse of the non-immigrant visa that was granted to them. This can result in the denial of green card at the adjustment of status interview. You may want to read upon the 30/60/90 days rule. It's not an official rule written in stone, however many USCIS officials still kinda follow it. Please google it and read about it on a credible website.

Finally, getting married to an US citizen is not a golden ticket to staying in the US automatically for ever. There are many other factors involved, and I have tried to outline the major factors above in my posts.

[Boiler 45,486]

You can read all about 30/60/90 on here, many discussions, a common misunderstanding.

[MUXAGIRL 69]

I am here assuming that his wife is US citizen, not just living here on some non immigrant status.

[MUXAGIRL 69]

I checked a bit more about P visa, it seems like it's somehow recognized as a dual intent visa. In the case, he might be in less trouble than someone who adjust status from, say , tourist visa.

This is what I found from Wikipedia

"Federal regulations also appear to recognize dual intent O visas (for workers who have extraordinary ability and their spouses and minor children), P visas (for athletes, artists or entertainers and their spouses and minor children), and E visas (for treaty traders or treaty investors and their spouses and minor children)."

[Boiler 45,486]

I checked a bit more about P visa, it seems like it's somehow recognized as a dual intent visa. In the case, he might be in less trouble than someone who adjust status from, say , tourist visa.

This is what I found from Wikipedia

"Federal regulations also appear to recognize dual intent O visas (for workers who have extraordinary ability and their spouses and minor children), P visas (for athletes, artists or entertainers and their spouses and minor children), and E visas (for treaty traders or treaty investors and their spouses and minor children)."

What trouble.

The Wikepidia page also mention V Visas

Anyway Wikepidia is not a good source for this sort of thing.

[MUXAGIRL 69]

9 FAM 41.56 N6.2 Dual Intent Provision

(CT:VISA-1573; 10-04-2010)

DHS has determined that the approval of a permanent labor certification or the filing of an immigrant visa petition for an alien shall not be a basis for denying a P petition, or for DHS to deny a request to extend such a petition, or the alien's application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as a P nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States. However, this dual intent provision does not apply to essential support personnel.

[Boiler 45,486]

As far as this case is concerned it equally applies if he had entered on a B or a F or the VWP.

[MUXAGIRL 69]

This case has some major red flags and it's easy to see how it can be perceived as a marriage of convenience to derive immigration benefits.

However, my post above rlates to possible abuse of non immigrant visa by seeking permanent residence while in the United states. Since P1 visa can be rcognized as a dual intent visa, it definitely is different than entering on B1/B2 or visa waver.

[Boiler 45,486]

Your basic premise is wrong, has been discussed many times before.

[MUXAGIRL 69]

Boiler, I am not a big fan of one liners, particularly when no further explanation is given, if my basic premise is wrong, first identify the said ' basic premise' and present the argument, link, thread whatever you have. I have no desire to dig some random threads. Anyway, if you can help the OP, please do so with clear explanation.

Posting on VJ can be such a negative experience, particularly when senior members, who can be more knowledgeable because of their seniority and years of hanging out at VJ, try to patronize, or belittle junior members who are sincere in their intentions to help and trying their best to present supporting documents.

You got an argument, present it completely plase. One liner back and forth is not very helpful.

[Boiler 45,486]

When adjusting status through marriage immigrant intent is irrelevant, so whether or not the visa is dual intent does not come into play as he is here.

Now if he wanted to enter and adjust that is different.

I have no idea as to the validity of this relationship, the circumstances seem most odd but second hand info can be misleading.