Mom is LPR, can I overstay my visitor visa

[lidail 0]

Hello people,

 

My mom is a LPR nd we want to apply for my green card but want me to stay in the US. Can I still overstay while my I 130 is pending and then apply for an AOS?

 

Thanks for your help!

[aleful 1,905]

hi

 

nope, you will have your interview in your country, overstay isn't forgiven, you don't qualify to stay and adjust status

 

you can visit as long as you don't overstay. don't stay too long so they let you in the next time

 

depending on how old you are, if you are under 21, the process takes around 2 years, if you are over 21, depending on the country you are from, it can take from more than 6 to more than 20 years of waiting

[Suss&Camm 2,213]

You would be denied for the same reason as these people.

http://www.visajourney.com/forums/topic/648962-greencard-application-denied-what-to-do-next/

[Springrain22 427]

Do not do that. Go home. Wait. Get interviewed. Be fine.

[Boiler 46,124]

No

[lidail 0]

Thans for your replies people.

 

I understand that by overstaying my 6 months limit I could get in trouble, but I've heard that loads of people were in my situation but still went through with their case, what do you think?

[Boiler 46,124]

31 minutes ago, lidail said:

Thans for your replies people.

 

I understand that by overstaying my 6 months limit I could get in trouble, but I've heard that loads of people were in my situation but still went through with their case, what do you think?

I am going to assume that everybody else who has replied will be keeping their original response. Was there something about them you did not understand?

 

 

[Suss&Camm 2,213]

1 hour ago, lidail said:

Thans for your replies people.

 

I understand that by overstaying my 6 months limit I could get in trouble, but I've heard that loads of people were in my situation but still went through with their case, what do you think?

This isn't a "guess". You have to fulfill the criteria of being in legal status at the time of filing for AOS. This is because your mom is a permanent resident and not a US citizen. If your mom was a US citizen, then any overstay would be forgiven. As mentioned you also have to be under 21.

USCIS doesn't approve and deny these AOS's on "random". It's simple - you qualify or you don't. You don't - which means it will be denied.

Edited September 30, 2017 by Suss&Camm

[azblk 338]

57 minutes ago, lidail said:

Thans for your replies people.

 

I understand that by overstaying my 6 months limit I could get in trouble, but I've heard that loads of people were in my situation but still went through with their case, what do you think?

what you have heard is WRONG. There are very few categories that can adjust when out of status ( immediate relatives of USC, VAWA, asylum). You are not in those categories. Overstaying longer than 6 months will get you a ban for 5 years and 10 years if you overstay more than a year. The only plausible scenario is if your mom becomes a citizen and you are under 21 at the time.  So dont do it, Go home at wait it out. You already have a visitor visa so you can visit often.

[Suss&Camm 2,213]

1 minute ago, azblk said:

what you have heard is WRONG. There are very few categories that can adjust when out of status ( immediate relatives of USC, VAWA, asylum). You are not in those categories. Overstaying longer than 6 months will get you a ban for 5 years and 10 years if you overstay more than a year. The only plausible scenario is if your mom becomes a citizen and you are under 21 at the time.  So dont do it, Go home at wait it out. You already have a visitor visa so you can visit often.

Correction, 3 year ban on overstay between 180 days and 1 year.

[JFH 12,191]

It never ceases to amaze me how many people come here to ask if they can do something or if something is possible, are then told by several people that it is not possible, and then suddenly they 'know lots of people who did this without problems' or have cousins and siblings who did this without problems. Why not ask these people who were successful first?

[lidail 0]

I don't why you're reacting this way when I was just trying to confirm my information. What I was talking about was mainly what I saw on the internet, no need to act all condescending about it. And to the other people who answered my questions, thank you for your help I'll just stick to the legal route.

Edited September 30, 2017 by lidail

[Suss&Camm 2,213]

2 minutes ago, lidail said:

I don't why you're reacting this way when I was just trying to confirm my information. What I was talking about was mainly what I saw on the internet, no need to act all condescending about it. And to the other people who answered my questions, thank you for your help I'll just stick with the legal route.

How old are you? If you're under 21, you're still young and you'll be back to stay for good sooner than you know it and without any legal immigration concerns or problems. It's good that you're doing the research before going ahead. Too many people realize they messed up when it's already too late. Good Luck to you.

[lidail 0]

I'm 20 and applying in a few weeks, thanks for your wishes, hoping everything goes smoothly!

[f f 725]

27 minutes ago, lidail said:

I'm 20 and applying in a few weeks, thanks for your wishes, hoping everything goes smoothly!

do you mean that you mom is now applying for your i130 or you are having your interview since your priority date is current?