Please help

[Crazy Cat 42,298]

1 minute ago, Sunnyland said:

Do not worry. They are working on a reboot of the show if it has not made it to the screen already. 

Hmmm...I wonder if they are looking for an older "Zander" character........

[SusieQQQ 11,587]

38 minutes ago, Roel said:

No one likes to admit that they screwed up.

Which makes no sense in the context of an anonymous internet user profile, but human nature prevails.

 

Get, you will get better information about what to do (specifically, if you have incurred a ban and how to deal with it) by providing information. There is no avenue to you staying in the US legally now, you need to figure out what the best way to deal with what you have is/try minimize the time you will spend outside the US. 

Edited September 2, 2018 by SusieQQQ

[Get 0]

2 hours ago, missileman said:

OP is reading (and reacting to) replies, but has not answered regarding when her I-94 expired.......curious.

Sorry for the late rply. I-94 expired last year November 

[Get 0]

1 hour ago, SusieQQQ said:

Which makes no sense in the context of an anonymous internet user profile, but human nature prevails.

 

Get, you will get better information about what to do (specifically, if you have incurred a ban and how to deal with it) by providing information. There is no avenue to you staying in the US legally now, you need to figure out what the best way to deal with what you have is/try minimize the time you will spend outside the US. 

Thanks. I-94 expired last year November.  Don't understand what you mean by 'minimizer time spent outside'

[Crazy Cat 42,298]

21 minutes ago, Get said:

Thanks. I-94 expired last year November.  Don't understand what you mean by 'minimizer time spent outside'

Since you have overstayed for more than 180 days, you will be barred from re-entering the US for 3 years when you leave.  If you wait until November, you will be barred from entry to the US for 10 years after you leave........

[SusieQQQ 11,587]

58 minutes ago, Get said:

Thanks. I-94 expired last year November.  Don't understand what you mean by 'minimizer time spent outside'

 

34 minutes ago, missileman said:

Since you have overstayed for more than 180 days, you will be barred from re-entering the US for 3 years when you leave.  If you wait until November, you will be barred from entry to the US for 10 years after you leave........

Yes, what missileman said - the risk that if you leave it much longer you could get a much longer ban. 

I don’t know enough about waivers to know what to advise you on that front, other than you can only do it from outside. As others have said you cannot adjust status because you have to be in status to do so, which you are not. Suggest you leave ASAP to start sorting it all out as soon as you can - the sooner you leave the sooner your ban will be over, etc. 

 

Again - there is no legal avenue for you to remain in the US at present.

Edited September 2, 2018 by SusieQQQ

[bakphx1 789]

4 hours ago, Sunnyland said:

 

Exactly. And 99% of the time they don't even come back to answer any pending question. 

I find that they’re looking for reassurance more than an answer.  They leave out information hoping to get the answer they want.  I tend to ignore questions that leave out information since the omission is usually intentional.  We’re generous with our knowledge and sharing what we’ve learned through trial and error, so don’t waste our time.

[Boiler 46,110]

Millions of people are here illegally, for most of them it is not a biggie. If the OP was that concerned there has been plenty of time to do something.

[SusieQQQ 11,587]

38 minutes ago, Boiler said:

Millions of people are here illegally, for most of them it is not a biggie. If the OP was that concerned there has been plenty of time to do something.

But you also get people who read about other people overstaying and then adjusting and it’s all fine so they think they can do it too - not realizing that there is a difference in how LPR and USC spouses are handled.

[TM92 527]

9 hours ago, Get said:

My i-130 was approved last year October, I have overstayed my b1b2 visa.

6 hours ago, Get said:

I-94 expired last year November.

5 hours ago, SusieQQQ said:

there is no legal avenue for you to remain in the US at present.

OP's current situation was avoidable. OP could have legally filed a I-485 in the small window between I-130 approval and I-94 expiration.

Edited September 2, 2018 by TM92

[SusieQQQ 11,587]

22 minutes ago, TM92 said:

OP's current situation was avoidable. OP could have legally filed a I-485 in the small window between I-130 approval and I-94 expiration.

No, that would have required F2A for October 2017 to be current just about immediately for filing, which it wasn’t.

 

 

[TM92 527]

43 minutes ago, SusieQQQ said:

No, that would have required F2A for October 2017 to be current just about immediately for filing, which it wasn’t.

Oops, thanks for the correction. For the OP, http://www.alllaw.com/articles/nolo/us-immigration/must-you-leave-wait-green-card.html:

Quote

Unless you already have a visa or status that allows you to remain in the U.S. legally, you must (as a preference beneficiary whose Priority Date isn't current) leave the U.S. and wait to apply for your green card. If you don't leave, and you spend time in the U.S. unlawfully, you put your very right to receive the green card at risk. See "Three- and Ten-Year Time Bars (Inadmissibility) for Unlawful Presence" for more information on this issue.

[mushroomspore 3,044]

9 hours ago, Get said:

Thanks. I-94 expired last year November.  Don't understand what you mean by 'minimizer time spent outside'

Well, you HAVE to leave. You are in the US illegally. You have more than 180 days of overstay, which will almost certainly mean you will have a 3 year ban. You might be able to apply for a waiver so you can come back sooner but you would have to do research or come back here with proper questions. But the sooner you leave, the sooner you can figure it out and find a way to minimize your time outside of the US. If you stay, you will either be eventually deported and/or you will perhaps have a lifetime ban because your overstay was so long.

[Visitor User 253]

4 hours ago, mushroomspore said:

Well, you HAVE to leave. You are in the US illegally. You have more than 180 days of overstay, which will almost certainly mean you will have a 3 year ban. You might be able to apply for a waiver so you can come back sooner but you would have to do research or come back here with proper questions. But the sooner you leave, the sooner you can figure it out and find a way to minimize your time outside of the US. If you stay, you will either be eventually deported and/or you will perhaps have a lifetime ban because your overstay was so long.

Long overstays have a lifetime ban?

[TBoneTX 46,123]

An inappropriate post and reactive replies have been removed.