How to do adjustment of status for out of status International student?

[cd37 229]

2 minutes ago, missileman said:

Strictly for overstay?  Nope.  They had previous deportation orders?

I am sure you know that ICE deported lot of people without court orders after administration change. 

[Colinana 1]

18 minutes ago, dassy004 said:

If you guys get married before the 9th, you guys will be good even if you file to adjust his status after the 9th. It will make more sense to just file before the 9th. 

Oh, I see. We planned to get married by the end of this month but because I'm still in school to finish my degree so he doesn't want me stress out too much by all the paperwork. He wants to wait until I finish my last quarter which is this Fall. So it wouldn't be too late if we get married before the 9th but file the adjustment in december? 

[Crazy Cat 41,981]

Just now, cd37 said:

I am sure you know that ICE deported lot of people without court orders after administration change. 

Examples? 

[Crazy Cat 41,981]

1 minute ago, Colinana said:

Oh, I see. We planned to get married by the end of this month but because I'm still in school to finish my degree so he doesn't want me stress out too much by all the paperwork. He wants to wait until I finish my last quarter which is this Fall. So it wouldn't be too late if we get married before the 9th but file the adjustment in december? 

You can marry any time you want, but your fiance is can be picked up at any time and deported.......until he files for Adjustment of Status as a spouse of a US citizen.  If it were I, I would marry and file ASAP.....

 

I believe the rule changes are regarding when unlawful presence begins. 

 

"The U.S. Citizenship and Immigration Services memorandum says students and exchange visitors will rack up "unlawful presence" days in the United States starting on the date they failed to maintain their F, J, or M immigrant status, according to a release. Individuals who depart the U.S. after more than 180 days of unlawful presence may be barred from re-entering the U.S. for three years.

 

The memorandum's new time frame will supersede the Immigration and Naturalization Service's policy, which went into effect in 1997. Under that old policy, students and exchange visitors "started accruing unlawful presence" on the day authorities discovered the violation, the memorandum shows."

[Free Man 119]

Missileman, Your inputs are always valid and instrumental. How on earth can ICE arrest people ''WITHOUT DEPORTATION ORDER'' from interview venue? If one was issued with  a deportation order before filing AOS, then the USCIS is bound to notify ICE on your interview date and one may be arrested. 

The issue of overstay is very clear, Immediate relative of USC are exempted .  

[aznhouston 132]

He's only in legal status upon filing AOS. Getting married doesn't mean he can stay.

And the new law is stricter in terms of identifying the length of illegal stay.

 

I'm just afraid if OP starts filing for AOS, the petition will be purposely denied so the ICE will have the right to deport the person. And as she said, she doesn't have stable income due to the sickness.

 

I suggest hiring a good lawyer.

[Hypnos 6,576]

3 hours ago, dassy004 said:

the new policy that will affect people who came in with student visas, and have fell out of status will be in effect August 9th. If you guys do not get married before that date, then he will need to return to his country and re-apply for a visa to come back which will be very hard considering the length of time he has been out of status. 

Untrue. Especially the bolded part. Yes the new policy will go into effect, but that will not remove the ability for immediate relatives to adjust status in the US. 

 

And as for people being detained and arrested at their AoS interviews by ICE, in every single situation I've read of, there was a prior removal order in effect, or they applied for voluntary departure and then failed to leave, which automatically turns into a removal order. 

 

ICE isn't just randomly prowling around USCIS offices looking for immigrants to pick up. 

Edited July 13, 2018 by Hypnos

[Free Man 119]

Hypnos,   you are on point. Kudos for the brilliant post. 

[geowrian 22,337]

7 hours ago, dassy004 said:

If you guys get married before the 9th, you guys will be good even if you file to adjust his status after the 9th. It will make more sense to just file before the 9th. 

When somebody marries has no impact on this. They could marry before or after losing status. As noted, overstay will not be a bar for AOS as the immediate relative of a USC.

 

I posted something else hear for other issues, but then @Hypnos beat me to it.

 

5 hours ago, hoangthaihuy said:

He's only in legal status upon filing AOS. Getting married doesn't mean he can stay.

And the new law is stricter in terms of identifying the length of illegal stay.

 

I'm just afraid if OP starts filing for AOS, the petition will be purposely denied so the ICE will have the right to deport the person. And as she said, she doesn't have stable income due to the sickness.

 

I suggest hiring a good lawyer.

Period of authored stay* Filing for AOS doesn't grant a legal status. Status and being lawfully present are different items. Being in status means you are lawfully present, but being out of status doesn't necessarily mean you are unlawfully present.

 

Unless there is a valid reason for AOS to be denied, there's nothing to fear. Even if AOS was denied, one could appeal it or refile (unless an NTA is issued first), and then failing that they would still be presented with the ability to make their case in front of an immigration judge and get a Cancellation of Removal (CoR). If one were still unable to show that they qualified to adjust status, then they have a much bigger issue than an overstay going on, and leaving the US would not have been any better.

 

Maybe (as is the case for anybody). But nothing involving the overstay is a particularly good reason for needing a lawyer.

[SalishSea 17,928]

Maybe this is a paranoid thought, but if you're in Seattle, that is within the CBP 100-mile radius for random stops.  I would consider speeding up your process, and hiring a lawyer.

[A&H2018 146]

Why does he need to wait for you to finish school? He should be the one leading the paperwork and process truly. Especially if you are busy, I assume if he studied here his english is already good enough to be able to follow most of the forms. Tell him to get on VJ and start studying up asap. He is already made choices/sacrifcies that put his future in jeopardy. 

 

Also after September 11th, initial applicarions for AOS will be held with more scrunity. School/business/future wife’s health are all important things but he needs to understand none of that works if he gets into removal proceedings and has a 10 year ban.