URGENT!! URGENT HELP!!!!!

[Bem 14]

A Friend overstayed her Visa and the husband who normally had business to do in the US before she overstayed had a denial because of the her overstay. What is the best way for him to have his visa approved again. Well, before her visa expired, she was working with immigration for change of status to student visa. But things did not move fast and it expired while immigration could not find the change of status she applied for. It seems that they have acknowledged that now but things a moving so slow and she has spent alot of money with immigration and her lawyer. So immigration knows where she is and she is not hidding because she goes there periodically but her husband as a result of this was denied.  Pls who can help with a solution.  Thank you

[milimelo 4,494]

She goes back to her country and maybe he gets a chance couple of years down the road. 

[Bem 14]

If she goes back, she won't be able to come back for at least 10years  I guess. Her children are us citizens but they are below 6yrs old

[Bem 14]

2 minutes ago, milimelo said:

She goes back to her country and maybe he gets a chance couple of years down the road. 

If she goes back, she won't be able to come back for at least 10years  I guess. Her children are us citizens but they are below 6yrs old.

She has invested alot trying to resolve this issue with immigration that she feel it will be a big loss of money after spending much. The major thing she wants to achieve know is to lift the effect her process is having on her husband visa

[milimelo 4,494]

His tourism visa won’t happen while she’s there. Having USC children doesn’t entitle non-USC parents to stay in the US forever. 

[NigeriaorBust 4,087]

  Having a wife that is an overstaying a visa and has had children in the US ( are they his  ?  )   I can't think of a single thing that would overcome the presumption of immigrant intent .  Any officer that would grant a visa under those conditions should be sent back for retraining.  Sorry but any non immigrant visa is a no go until there are more ties to his home country than the US.   Maybe your friend and the kids could all move to a 3rd country with the husband for a decade or so .   

[SusieQQQ 11,586]

48 minutes ago, Bem said:

If she goes back, she won't be able to come back for at least 10years  I guess. Her children are us citizens but they are below 6yrs old.

She has invested alot trying to resolve this issue with immigration that she feel it will be a big loss of money after spending much. The major thing she wants to achieve know is to lift the effect her process is having on her husband visa

She’s not going to “resolve it”. She’s illegally in the US with no way of becoming legal without leaving first for at least 15 years. (And possibly never if laws change about sponsoring parents.)

And as already said obviously her husband is not going to get a visa, with an overstaying wife and usc kids in the US. Her only realistic option is to go home.

Edited January 17, 2019 by SusieQQQ

[HonoraryCitizen 179]

4 hours ago, Bem said:

But things did not move fast and it expired while immigration could not find the change of status she applied for.

 

 

Tell your friend first of all to seek competent legal help and information directly, not through second persons like you who will never have the full story. Signing up an account on VJ is free.

 

Your friends story is either not adding up or you don’t have the facts. When an alien applies to change status via a timely nonfrivolous petition, he/she does not begin to accrue illegal presence until after USCIS adjudicates/denies the petition.

 

• Quote

   

  • If the alien has been lawfully admitted or paroled into the United States, and   
  • the application for EOS or COS is timely filed, and not frivolous, and   
  • the alien does not engage and/or has not been engaging in unauthorized employment.

   

Edited January 17, 2019 by HonoraryCitizen

[carmel34 3,639]

There is no way to resolve this without going back to Nigeria as your friend is in the US illegally and will be deported eventually if she stays.  USCIS knows where she is.  Is she working illegally?  How does she live?  Seems like she is trying everything, even applying for an F1 student visa from within the US.  F1s are only approved for someone who will return to their home country anyway, and will not be granted for someone in the US already illegally.  An attorney cannot overcome this.  She needs to go back now or will be forced to and that would be more difficult to overcome later.  Why would she not want to be with her husband anyway?  Is it a real bona fide marriage?  He's in Nigeria working, wouldn't she want to be there with him to raise the kids together?  

[Bem 14]

13 hours ago, NigeriaorBust said:

  Having a wife that is an overstaying a visa and has had children in the US ( are they his  ?  )   I can't think of a single thing that would overcome the presumption of immigrant intent .  Any officer that would grant a visa under those conditions should be sent back for retraining.  Sorry but any non immigrant visa is a no go until there are more ties to his home country than the US.   Maybe your friend and the kids could all move to a 3rd country with the husband for a decade or so .   

He is one of those Nigerians that will never leave the country except in a war situation because he is doing so well financially.  He has a company that 

With employees both in Lagos and in PH. I think he is just being reprimanded because of his wife overstay. She came to America on his visa as a house wife. I guess that has permanently affected his stand with immigration 

 

[Bem 14]

9 hours ago, HonoraryCitizen said:

 

 

Tell your friend first of all to seek competent legal help and information directly, not through second persons like you who will never have the full story. Signing up an account on VJ is free.

 

Your friends story is either not adding up or you don’t have the facts. When an alien applies to change status via a timely nonfrivolous petition, he/she does not begin to accrue illegal presence until after USCIS adjudicates/denies the petition.

 

•  

She has done that. The lawyer got them to reopen her case. But the lawyer is not sounding hopeful about a positive outcome 

[Bem 14]

MORE SUGGESTION ON THIS ISSUE  PLS!!

[aaron2020 11,651]

13 minutes ago, Bem said:

MORE SUGGESTION ON THIS ISSUE  PLS!!

Wife is a visitor visa overstay.  Children are US citizens.  And he wants a visitor visa to join them. 

 

Under these circumstances, there is NO WAY he is going to get a visitor visa.

 

You can't seem to accept this.  

Edited January 17, 2019 by aaron2020

[SusieQQQ 11,586]

1 hour ago, Bem said:

MORE SUGGESTION ON THIS ISSUE  PLS!!

You’re ignoring the reality of the situation. There are no more “suggestions” to be made.

[SusieQQQ 11,586]

15 hours ago, milimelo said:

She goes back to her country and maybe he gets a chance couple of years down the road. 

 

15 hours ago, milimelo said:

His tourism visa won’t happen while she’s there. Having USC children doesn’t entitle non-USC parents to stay in the US forever. 

 

15 hours ago, NigeriaorBust said:

  Having a wife that is an overstaying a visa and has had children in the US ( are they his  ?  )   I can't think of a single thing that would overcome the presumption of immigrant intent .  Any officer that would grant a visa under those conditions should be sent back for retraining.  Sorry but any non immigrant visa is a no go until there are more ties to his home country than the US.   Maybe your friend and the kids could all move to a 3rd country with the husband for a decade or so .   

 

14 hours ago, SusieQQQ said:

She’s not going to “resolve it”. She’s illegally in the US with no way of becoming legal without leaving first for at least 15 years. (And possibly never if laws change about sponsoring parents.)

And as already said obviously her husband is not going to get a visa, with an overstaying wife and usc kids in the US. Her only realistic option is to go home.

 

7 hours ago, carmel34 said:

There is no way to resolve this without going back to Nigeria as your friend is in the US illegally and will be deported eventually if she stays.  USCIS knows where she is.  Is she working illegally?  How does she live?  Seems like she is trying everything, even applying for an F1 student visa from within the US.  F1s are only approved for someone who will return to their home country anyway, and will not be granted for someone in the US already illegally.  An attorney cannot overcome this.  She needs to go back now or will be forced to and that would be more difficult to overcome later.  Why would she not want to be with her husband anyway?  Is it a real bona fide marriage?  He's in Nigeria working, wouldn't she want to be there with him to raise the kids together?  

 

 

1 hour ago, aaron2020 said:

Wife is a visitor visa overstay.  Children are US citizens.  And he wants a visitor visa to join them. 

 

Under these circumstances, there is NO WAY he is going to get a visitor visa.

 

You can't seem to accept this.  

 

Yet you ignore all these to focus on half a post (you ignore the rest of that same post) that says “get competent legal help” which she has and the lawyer is telling her the same thing as all the above. What do you think is going to happen, Trump is going to magically decree that all overstays are forgiven and granted green cards? 

Edited January 17, 2019 by SusieQQQ