C1 entry married to US Citizen

[pinayanne27 8]

C1 entry: I’m not sure if this is the righr thread. 

 

Hello everyone. I’m trying to help a friend regarding her status here in the US.

 

Here are the details:

 

1. Entered the US Via C1 Visa
2. got married to a US Citizen
3. Applied for I-130 and I-495 with the help of the lawyer
4. I-130 approved and gave her 1 yr employment via but I-495 got denied due to her entry which is C1
5. Divorced her 1st spouse
6. Got married again recently to a US Citizen

 

What’s the best thing for her to do? She spent so much money before with her lawyer. Does she need to hire another lawyer? Or she can do her application on her own?

[Crazy Cat 42,435]

Application for what?  adjustment of status?

[portorusa 431]

How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

[Pinkrlion 2,724]

She will still be denied as she entered on C1. She has no status now. She cannot work or anything based on 1st marriage. If she married, she will need to return home and file again 130

[Crazy Cat 42,435]

Just now, portorusa said:

How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

Those are my thought, too......and I think her work authority went away when the I-485 was denied......

[pinayanne27 8]

4 hours ago, portorusa said:

How much time since the I-485 denial? She may be accruing an unlawful presence. Is she in removal proceedings?

She really needs a lawyer specialized in similar cases. Most likely her only option is to leave the US for her home country. Her current husband then files I-130 for her. She files for the waiver in her home country.

I am not sure how to answer your questions, sorry. Let me ask her about that. 

[pinayanne27 8]

4 hours ago, Pinkrlion said:

She will still be denied as she entered on C1. She has no status now. She cannot work or anything based on 1st marriage. If she married, she will need to return home and file again 130

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

[Crazy Cat 42,435]

1 minute ago, pinayanne27 said:

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

US immigration laws allow adjustment of status inside the US from some visa types.......but not C1 visas.......

Edited August 4, 2019 by missileman

[Unlockable 7,315]

31 minutes ago, pinayanne27 said:

Does that mean if someone entered n a C1 visa and got married here to a US Citizen, you need to go home first? You cannot apply from here? So sad how lawyers doesn’t even give the right advices. 

Correct. Find new competent lawyers. And have the beneficiary make plans to return home.

[Boiler 46,202]

Seems difficult to envisage she does not have ban as well.

[pinayanne27 8]

2 hours ago, missileman said:

US immigration laws allow adjustment of status inside the US from some visa types.......but not C1 visas.......

I’m kind of confused as she is saying she still has a working visa now.  And she said she has a friend same case as hers that got approved for i-495. 

 

If ever she goes home, how long does she need to wait to fix her papers again?

[Boiler 46,202]

What visa does she have that allows her to work, when she entered how long was she given to stay here.

 

She is going home at some point, or is she looking to stay here illegally?

[pinayanne27 8]

4 minutes ago, Boiler said:

What visa does she have that allows her to work, when she entered how long was she given to stay here.

 

She is going home at some point, or is she looking to stay here illegally?

I need to confirm the details with her status now cause i myself is so confused with her story. 

 

She haven’t mentioned going home or staying illegally as i think she will apply again for i-495. I don’t understand why her lawyer is letting her apply  

[geowrian 22,338]

You cannot AOS from C-1. I have no idea why the lawyer did not catch this or know this (or maybe they did and just want the money).

Her C-1 does not let her continue to work in the US.

Her EAD (work authorization) from her initial AOS application was revoked the moment the I-485 was denied. She no longer has a valid working permit, even though the physical card would not be marked as such. Any employer who checks her employment eligibility now would see this.

 

She needs to leave the US to get an immigrant visa.

She likely has a ban due to overstay of 180+ days. If not, then she can leave before that period and just interview for the visa abroad once the case is ready.

If there is a ban due to overstay, the I-601A path may be available to her to waive the bar. This involved getting the I-130 approved, then submitting the I-601A (and getting it approved), going through NVC, then interviewing abroad. The I-601A will waive the bar she will obtain upon exit form the US due to overstay. It doe NOT waive any other inadmissibility.

 

12 hours ago, pinayanne27 said:

She haven’t mentioned going home or staying illegally as i think she will apply again for i-495. I don’t understand why her lawyer is letting her apply  

She has no legal way to remain in the US. Applying again has no chance for success...see the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Quote

A. Crewmen

A nonimmigrant crewman is barred from adjusting status. ^[1] This bar applies to a foreign national serving as a crewman who is permitted to land as a D-1 or D-2 nonimmigrant, as shown on the foreign national’s Arrival/Departure Record (Form I-94) or Crewman’s Landing Permit (Form I-95), and by the corresponding visa contained in the crewman’s passport. The bar also applies to a foreign national who was admitted as a C-1 nonimmigrant to join a crew. ^[2] 

 

Edited August 4, 2019 by geowrian

[pinayanne27 8]

46 minutes ago, geowrian said:

You cannot AOS from C-1. I have no idea why the lawyer did not catch this or know this (or maybe they did and just want the money).

Her C-1 does not let her continue to work in the US.

Her EAD (work authorization) from her initial AOS application was revoked the moment the I-485 was denied. She no longer has a valid working permit, even though the physical card would not be marked as such. Any employer who checks her employment eligibility now would see this.

 

She needs to leave the US to get an immigrant visa.

She likely has a ban due to overstay of 180+ days. If not, then she can leave before that period and just interview for the visa abroad once the case is ready.

If there is a ban due to overstay, the I-601A path may be available to her to waive the bar. This involved getting the I-130 approved, then submitting the I-601A (and getting it approved), going through NVC, then interviewing abroad. The I-601A will waive the bar she will obtain upon exit form the US due to overstay. It doe NOT waive any other inadmissibility.

 

She has no legal way to remain in the US. Applying again has no chance for success...see the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

 

Thank you so much!! I do not know how to rely this message to her (bad news) but thank you so much for all the explanations.