Residing in US while petitioner died

[Unlockable 7,315]

Hard to fix being illegal without an Immediate Relative. OP needs to head home before he accumulate 180 days of unlawful presence.

Very true!!! But it seems that the OP doesn't plan on leaving based on this...

I've been living here since nov & will still reside here. I dont plan to live in the philippines anymore.

The OP has no path to a GC in the US. He is trying to bring his family here and was relying on his mom's petition. Can't even marry a USC because he is already married.

but OP don't plan to live in the philippines anymore

Seems so. But the kicker is he is causing even more damage by overstaying.

OP,

If you overstay more than a year you will get a 10 year bar. You are currently looking at a 3 year bar for overstaying now. But look at the bigger picture. If you continue to overstay you will always be an illegal. And because you have overstayed and continue to overstay your chances or seeking another visa like a student or work visa will be nonexistent. Of course, getting a student or work visa would be a long shot at least you would have that option had you not overstayed.

Return home to your family before things get worse.

Edited August 8, 2016 by NuestraUnion

[veer143 5]

Start Now, relief available. https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

Consult a lawyer, Relief u/s 204 might possibly be available to you, even if you can or cannot adjust status here. You might very well be able to adjust status in light of three things.

1. Immediate relative of a US citizen.

2. I-130 was approved

3. You are here legally ( not illegally as some posters mentioned, there is a world of difference between crossing the border illegally and coming on a visa and overstaying)

There are waivers of inadmissibility also available to you, if you are deemed inadmissible after 180 days of overstay. But try not to let this happen, consult lawyer. If you can't find good lawyer that you trust, or has proven record of handling things FAST. then you may DIY but that will take lot of research and effort and start NOW. Good luck.

[aaron2020 11,651]

Start Now, relief available. https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

Consult a lawyer, Relief u/s 204 might possibly be available to you, even if you can or cannot adjust status here. You might very well be able to adjust status in light of three things.

1. Immediate relative of a US citizen. Mom died. Spouse is in the PI. There is no IR, so OP is SOL.

2. I-130 was approved

3. You are here legally ( not illegally as some posters mentioned, there is a world of difference between crossing the border illegally and coming on a visa and overstaying) Visa overstay is not being here legally.

There are waivers of inadmissibility also available to you, if you are deemed inadmissible after 180 days of overstay. But try not to let this happen, consult lawyer. If you can't find good lawyer that you trust, or has proven record of handling things FAST. then you may DIY but that will take lot of research and effort and start NOW. Good luck.

[Ebunoluwa 6,136]

Here is a link to an immigration attorney who has done extensive work in litigation in eliminating the "widow penalty."

Even though your petitioner was not a spouse she was immediate family and he may be able to give you a consultation

on what will or what will not work for you. The overstay made things worse for you.

http://www.entrylaw.com/people/brentrenison

[family143 0]

Just a thought, Why would this Relief be for people who are residing in the US legally? If you are legal here already then you wouldn't need to get the petition approved because you already have legal papers.

[family143 0]

Btw, thank you for all the replies. I really appreciate it.

[aaron2020 11,651]

Just a thought, Why would this Relief be for people who are residing in the US legally? If you are legal here already then you wouldn't need to get the petition approved because you already have legal papers.

Lots of people reside here legally without a green card, this rule is for them. F1 student visa holders, H1b etc. adjusting status would allow them to reside here beyond the visa limits.

[family143 0]

Start Now, relief available. https://www.uscis.gov/green-card/green-card-through-family/basic-eligibility-section-204l-relief-surviving-relatives

That's the same link i was looking at. Section 204 ( l ) Relief Edited August 8, 2016 by family143

[family143 0]

Lots of people reside here legally without a green card, this rule is for them. F1 student visa holders, H1b etc. adjusting status would allow them to reside here beyond the visa limits.

Oh i see, thanks.

[aaron2020 11,651]

That's the same link i was looking at. Section 204 ( l ) Relief

Believe what you want. You do not qualify. You need to go home. Staying makes your case impossible. You do not have an Immediate Relative who can help you adjust from a visa overstay.

If family143 wants to believe veer143, then good luck to you because you will need it.

[family143 0]

I'll consult with a lawyer & go on from there. Thanks everyone!

[belinda63 3,038]

If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

This is from the USCIS site as a definition of resident. Since the OP has a family "back home" and came here on a tourist visa with no intent to remain I do no believe this would make the US his/her residence.

[Cheezees 1,514]

If you can show that your primary home when your relative died--where you were actually living--was in the United States, and it is still in the United States, you may benefit from section 204(l) relief.

This is from the USCIS site as a definition of resident. Since the OP has a family "back home" and came here on a tourist visa with no intent to remain I do no believe this would make the US his/her residence.

So it's a nice catch-22. He would want to claim no intent to remain so the US is not his residence. But he would also want to claim intent to remain so he would qualify as a resident.