Are there legal ways

[hcj 0]

You failed to maintain your nonimmigrant status, otherthan through no fault of your own or for technicalreasons; unless you are applying because you are:

An immediate relative of a United States citizen(parent, spouse, widow, widower or unmarried childunder 21 years old);

I got this from the I-485 instructions. If I read this correctly, then he can apply.

However, there is also this: Your authorized stay expired before you filed thisapplication; as a reason you are not eligible. Seems like the 2 contradict each other.

First of all -- I presume your friend is married to a USC. If not, this whole discussion is moot.

With regard to form I-485 and how it contradicts itself. This form is used for many categories of people adjusting status, not just immediate relatives of USCs. So if you are not an IR of a USC, being out of status would indeed make you not eligible. However, there is an exception for IRs of USCs. They noted that in one section but not the other, that's all. Bottom line, it doesn't matter if you overstayed if you are married to a USC, you can still adjust status.

This link may be of further reassurance to you -- see the part entitled "Otherwise Eligible Immediate Relatives" about halfway down:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[onwa 6]

You failed to maintain your nonimmigrant status, otherthan through no fault of your own or for technicalreasons; unless you are applying because you are:

An immediate relative of a United States citizen(parent, spouse, widow, widower or unmarried childunder 21 years old);

I got this from the I-485 instructions. If I read this correctly, then he can apply.

However, there is also this: Your authorized stay expired before you filed thisapplication; as a reason you are not eligible. Seems like the 2 contradict each other.

First of all -- I presume your friend is married to a USC. If not, this whole discussion is moot.

With regard to form I-485 and how it contradicts itself. This form is used for many categories of people adjusting status, not just immediate relatives of USCs. So if you are not an IR of a USC, being out of status would indeed make you not eligible. However, there is an exception for IRs of USCs. They noted that in one section but not the other, that's all. Bottom line, it doesn't matter if you overstayed if you are married to a USC, you can still adjust status.

This link may be of further reassurance to you -- see the part entitled "Otherwise Eligible Immediate Relatives" about halfway down:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks for the link. I'm beginning to get the picture. Does the I-485 get filled out along with a K-3 or other immigrant petition as stated in the instructions?

You are filing this application with a completed relativepetition, special immigrant juvenile petition or specialimmigrant military petition which if approved wouldmake an immigrant visa number immediately available to you.

[onwa 6]

Thanks for the link. I'm beginning to get the picture. Does the I-485 get filled out along with a K-3 or other immigrant petition as stated in the instructions?

You are filing this application with a completed relativepetition, special immigrant juvenile petition or specialimmigrant military petition which if approved wouldmake an immigrant visa number immediately available to you.

Looks like its the I-130.

[hcj 0]

Looks like its the I-130.

You have it right, file the I-485 with I-130.

[Nancy2015 2]

It's my guess, of course, I may be wrong. If this person entered the US to attend a conference of some kind, he might have come on a B1 visa. If my guess is correct, he's okay and can adjust status.

[Dr_LHA 3]

onwa. Some people in this thread are being a bit negative. There's a strong chance your friend will be able to adjust status with no issues, and probably without a lawyer. USCIS cannot deny a Green Card application on the basis of a visa overstay if the applicant is an immediate relative of a US Citizen.

If he came for a conference, its very likely he had a B-1 visa. If that is true (a look in the passport will tell), then he can adjust status with no problems. He simply needs to file I-130 and I-485 simulataneously and not leave the USA until he has his Green Card.

There are of course a few caveats, but I doubt your friend will fall into those. He doesn't sound like someone who is on a J-1 with 2 year HHR for example. If he is then no, he won't be able to get AOS without filing for waivers.

[kitkat1 5]

onwa. Some people in this thread are being a bit negative. There's a strong chance your friend will be able to adjust status with no issues, and probably without a lawyer. USCIS cannot deny a Green Card application on the basis of a visa overstay if the applicant is an immediate relative of a US Citizen.

If he came for a conference, its very likely he had a B-1 visa. If that is true (a look in the passport will tell), then he can adjust status with no problems. He simply needs to file I-130 and I-485 simulataneously and not leave the USA until he has his Green Card.

There are of course a few caveats, but I doubt your friend will fall into those. He doesn't sound like someone who is on a J-1 with 2 year HHR for example. If he is then no, he won't be able to get AOS without filing for waivers.

Unless there is something unusual i.e. criminal background or other issues, the spouse of a USC who entered the US on a legal visa (and one that allows adjustment of status such as a B2) can apply for adjustment of status. Overstay is forgiven in these specific cases (entered on a legal visa, married to a USC). As others mentioned, he absolutely cannot leave the country as this would "activate" the ban and require a waiver.

I would suggest a consultation with a qualified immigration attorney experienced in visa overstays such as Laurel Scott (www.visacentral.net). With a half hour phone consult, the paperwork can easily be handled without a lawyer's assistance.

[LaL 418]

onwa. Some people in this thread are being a bit negative. There's a strong chance your friend will be able to adjust status with no issues, and probably without a lawyer. USCIS cannot deny a Green Card application on the basis of a visa overstay if the applicant is an immediate relative of a US Citizen.

If he came for a conference, its very likely he had a B-1 visa. If that is true (a look in the passport will tell), then he can adjust status with no problems. He simply needs to file I-130 and I-485 simulataneously and not leave the USA until he has his Green Card.

There are of course a few caveats, but I doubt your friend will fall into those. He doesn't sound like someone who is on a J-1 with 2 year HHR for example. If he is then no, he won't be able to get AOS without filing for waivers.

i think the conversation went the way it did because there were so few facts available, not because we are all doom and gloom

Edited April 12, 2007 by lal_brandow

[Dr_LHA 3]

Yeah, I know. I just think its important to point out that even with few facts, if the person has an I-94, 99% chance is that they're going to be able to adjust status OK.