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Ashleighyanselmo

New .. need help please.

By Ashleighyanselmo in Adjustment of Status from Work, Student, & Tourist Visas

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Villanelle Experienced

Villanelle   4,122

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Filed: Timeline
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H2a is for temp agricultural workers. It can be extended for up to 1 year at a time with a max of 3 years... Was it ever extended? And when did it expire or the last extension expire?  Since you say its been 4 years he most likely has a ban from overstay. There is a process for that though. Briefly you would file the petition and a wavier for his overstay while he is here in the US. Once it is all approved he will have to travel back to Mexico to have an interview. Most people end up spending about 2 weeks outside of the US as you want to arrive a day or so before the interview and then theres a wait for them to get your passport back to you with the visa in it. The main thing though is if there are any other issues. Has he worked illegally? Has he paid taxes? Any criminal issues? And just to double check his last entry to the US was with this H2A 4 years ago? Never crossed w/o inspection after that? 

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Temp agricultural visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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2 minutes ago, Donald120383 said:

she said work permit 

And he was on a H2a.

 

Presumably the plan is to adjust status

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
33 minutes ago, Ashleighyanselmo said:

It sats R H2A?

H2A has a maximum limit of 3 years so he probably over stayed in the country more than 1 year. you could probably get a waiver being married to US citizen. you can start by using the checklist here from uscis 

 

https://my.uscis.gov/exploremyoptions/petition_for_spouse

 

 

duh

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

That is why I assume they will want to adjust, why go through Consular processing.

15 minutes ago, Donald120383 said:

H2A has a maximum limit of 3 years so he probably over stayed in the country more than 1 year. you could probably get a waiver being married to US citizen. you can start by using the checklist here from uscis 

 

https://my.uscis.gov/exploremyoptions/petition_for_spouse

 

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ashleighyanselmo Rookie

Ashleighyanselmo   0

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted
On 12/7/2019 at 7:53 PM, Villanelle said:

H2a is for temp agricultural workers. It can be extended for up to 1 year at a time with a max of 3 years... Was it ever extended? And when did it expire or the last extension expire?  Since you say its been 4 years he most likely has a ban from overstay. There is a process for that though. Briefly you would file the petition and a wavier for his overstay while he is here in the US. Once it is all approved he will have to travel back to Mexico to have an interview. Most people end up spending about 2 weeks outside of the US as you want to arrive a day or so before the interview and then theres a wait for them to get your passport back to you with the visa in it. The main thing though is if there are any other issues. Has he worked illegally? Has he paid taxes? Any criminal issues? And just to double check his last entry to the US was with this H2A 4 years ago? Never crossed w/o inspection after that?

His visa expired in 2016. Im pretty sure his last admittance was 4 years ago but i wouls have to check and make sure. No criminal issues other than 1 ticket and he does work in construction. Would he qualify for AOS?

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Ashleighyanselmo Rookie

Ashleighyanselmo   0

Posted
Filed: Other Country: Mexico
 Timeline
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On 12/7/2019 at 8:07 PM, Donald120383 said:

H2A has a maximum limit of 3 years so he probably over stayed in the country more than 1 year. you could probably get a waiver being married to US citizen. you can start by using the checklist here from uscis 

 

https://my.uscis.gov/exploremyoptions/petition_for_spouse

 

 

So i checked his last admittance was april 30,2016. 

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 hours ago, Ashleighyanselmo said:

His visa expired in 2016. Im pretty sure his last admittance was 4 years ago but i wouls have to check and make sure. No criminal issues other than 1 ticket and he does work in construction. Would he qualify for AOS?

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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