Overstay 1 year vs 10-20-25 years

[Visitor User 253]

Hello. When doing AOS. Does it matter if someone had Overstayed 1 year or say 10-10-25 years? After 1 year. If the person departs USA. It is still a 10 year ban but no ban is issue if the beneficiary is able to adjust in USA.

 

Does the time of Overstay matter to IO's when deciding to approve or deny an AOS application?

[lummo 61]

1 hour ago, Visitor User said:

Hello. When doing AOS. Does it matter if someone had Overstayed 1 year or say 10-10-25 years? After 1 year. If the person departs USA. It is still a 10 year ban but no ban is issue if the beneficiary is able to adjust in USA.

 

Does the time of Overstay matter to IO's when deciding to approve or deny an AOS application?

For 245(i) cases its not an issue as long as you don't leave the US before AOS is filed (so travel with AOS AP is generally ok): https://www.uscis.gov/greencard/life-act-245i-adjustment "Adjustment of Status Under Section 245(i) of the INA and LIFE Act Provisions" tab

For other cases it depends if they are exempt from certain bars. If they aren't exempt, then the following bars apply: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter2.html#S-F

Edited December 26, 2018 by lummo

[aleful 1,905]

hi

 

no, it doesn't matter as long as they entered legally in the US and hasn't been deported

 

this is for a spousal visa, right?

 

 

[Visitor User 253]

3 hours ago, lummo said:

For 245(i) cases its not an issue as long as you don't leave the US before AOS is filed (so travel with AOS AP is generally ok): https://www.uscis.gov/greencard/life-act-245i-adjustment "Adjustment of Status Under Section 245(i) of the INA and LIFE Act Provisions" tab

For other cases it depends if they are exempt from certain bars. If they aren't exempt, then the following bars apply: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter2.html#S-F

Technically, someone under 245i can get approved for AP while AOS is pending? 

 

If the beneficiary leaves USA while AOS is pending then still can’t return before 10 years since they were Overstay?

15 minutes ago, aleful said:

hi

 

no, it doesn't matter as long as they entered legally in the US and hasn't been deported

 

this is for a spousal visa, right?

 

 

Not spousal Visa.

[aleful 1,905]

hi

 

then who is the beneficiary?

 

if it an immediate relative such as  a parent or child of a USC, and entered legally, there is no need for the 245i law

 

we need more information about the case

 

 

[Visitor User 253]

1 hour ago, aleful said:

hi

 

then who is the beneficiary?

 

if it an immediate relative such as  a parent or child of a USC, and entered legally, there is no need for the 245i law

 

we need more information about the case

 

 

Unmarried son 21+. F1 category first preference. Petitioner USC Mother. Approved I-130. 

 

245i qualified. Petition filed or or before 4/30/01 (ETA 750 Labor Certification).

Edited December 26, 2018 by Visitor User

[aleful 1,905]

hi

 

time doesn't matter, plus anyone who qualifies under the 245i, has lived in the us for over 15 years, since the 245i law ended on April 30th, 2001

 

[lummo 61]

4 hours ago, Visitor User said:

Technically, someone under 245i can get approved for AP while AOS is pending? 

 

If the beneficiary leaves USA while AOS is pending then still can’t return before 10 years since they were Overstay?

Yes, AP can be approved. Re-entry is still at the discretion of CBP. USCIS includes the following piece of paper with EAD/AP combo cards:

Edited December 26, 2018 by lummo

[Visitor User 253]

7 hours ago, lummo said:

Yes, AP can be approved. Re-entry is still at the discretion of CBP. USCIS includes the following piece of paper with EAD/AP combo cards:

Why would someone risk AP knowing a denial can result being stuck outside of USA for 10 years?

[Visitor User 253]

Why would someone risk AP knowing a denial can result being stuck outside of USA for 10 years?

[Visitor User 253]

Anyone?

[Going through 5,671]

On 12/28/2018 at 5:12 PM, Visitor User said:

Why would someone risk AP knowing a denial can result being stuck outside of USA for 10 years?

Some people (who later come on VJ to ask for advice on how to proceed) leave without AP due to a family emergency and then get stuck abroad.

There was a thread last year or so where the beneficiary got stuck in their home country because they suddenly left to care for a very sick parent, if I remember correctly.  They knew they should have applied for AP first, but didn't want to wait out the processing time....was turned back around at the border.

[Visitor User 253]

8 hours ago, Going through said:

Some people (who later come on VJ to ask for advice on how to proceed) leave without AP due to a family emergency and then get stuck abroad.

There was a thread last year or so where the beneficiary got stuck in their home country because they suddenly left to care for a very sick parent, if I remember correctly.  They knew they should have applied for AP first, but didn't want to wait out the processing time....was turned back around at the border.

Did they get in later?

[Going through 5,671]

12 minutes ago, Visitor User said:

Did they get in later?

They are currently waiting out their ban in their home country.

Edited January 2, 2019 by Going through

[Visitor User 253]

2 hours ago, Going through said:

They are currently waiting out their ban in their home country.

For 10 years? Did they really think they would allowed back without AP?

Edited January 2, 2019 by Visitor User