AOS and overstay (split topic)

[Mirella 1]

On 6/5/2017 at 5:53 PM, Ms.F.Brown said:

Anwser to Q1.

I had a friend who boyfriend came over here on a tourist visa. They ended up getting married and he end up staying. Because if he was to have went back to his country he would have got stuck over there. So he just stayed here and she filed her I-130 and the AOS at the same time and he was able to get his social security card, green card, and a travel permit.

Q2.

I have no idea on this question....Sorry.

I nees help! If my boyfriednd came in february with a tourist visa, didn leave before the 6 month permit, instead we got married on November. Is he in trouble? Can I file the I-130 and I-485 and send them together? 

[HRQX 4,145]

1 hour ago, Mirella said:

Can I file the I-130 and I-485 and send them together? 

Are you a US citizen or LPR?

1 hour ago, Mirella said:

Is he in trouble? 

It'll be complicated if there are pending ICE proceedings in Absentia. If I recall correctly, the automated EOIR case system asks for A-number which I assume your husband doesn't have.

 

If there aren't pending proceedings, then the process is straightforward.

Edited January 4, 2021 by HRQX

[Mirella 1]

On 1/4/2021 at 3:19 AM, HRQX said:

Are you a US citizen or LPR?

It'll be complicated if there are pending ICE proceedings in Absentia. If I recall correctly, the automated EOIR case system asks for A-number which I assume your husband doesn't have.

 

If there aren't pending proceedings, then the process is straightforward.

I am a LPR, there is no proceedings pendings. Thank you for answering. I am doing this on my own and I see that he's  most recent I-94 is from Aug-2014, because he went and got the permit visitors are supposed to get. But he's latest entry on the travelers info shows feb 2020. For the last years he came he did not get a visitor visa permit he is supposed to get right after entering the border, will this be an issue?

 

Edited January 6, 2021 by millefleur
Removed personal information

[HRQX 4,145]

10 minutes ago, Mirella said:

I am a LPR

Then he should leave the US as soon as possible before he triggers the 3-year ban. https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

On 1/3/2021 at 11:51 PM, Mirella said:

Can I file the I-130 and I-485 and send them together? 

You can only file I-130 with I-130A spouse supplement to start consular processing path. He cannot file I-485 because there are the following adjustment bars:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

An alien is barred from adjustment of status if the alien is in an unlawful immigration status on the date of filing the adjustment application.

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, ^[1] he or she has ever:

• Failed to continuously maintain a lawful status since entry into the United States; ^[2] or

• Violated the terms of his or her nonimmigrant status. ^[3]

Edited January 6, 2021 by HRQX

[HRQX 4,145]

41 minutes ago, Mirella said:

For the last years he came he did not get a visitor visa permit he is supposed to get right after entering the border, will this be an issue?

This might be another issue that could also affect consular processing path. How far into the US has he gone without an I-94? Also, he might have already triggered a time-bar. https://fam.state.gov/fam/09fam/09fam040202.html

The BCC aspect of a BBBCC or BBBCV can still be used for land border entry without a passport within the border zone (25 miles in TX and CA; 55 miles in NM; and 75 miles in AZ) for up to 30 days.

Edited January 6, 2021 by HRQX

[Allaboutwaiting 2,503]

13 hours ago, Mirella said:

But he's latest entry on the travelers info shows feb 2020. For the last years he came he did not get a visitor visa permit he is supposed to get right after entering the border, will this be an issue?

If you live in Salinas, Ca. -as your profile indicates- and he had visited you there, he needed an I-94 all these past years. If this is the case, he violated the terms of the border crossing card each time. 

If his last entry was on February 2020, he has overstayed for less than one year, so if he leaves now, he will be barred from re-entry to the United States for three years.

If he stays in the US for more than one year after his entry, he will be barred from re-entry for 10 years.

[HRQX 4,145]

10 minutes ago, Allaboutwaiting said:

If his last entry was on February 2020, he has overstayed for less than one year,

Isn't it 30 days max if a BCC traveler doesn't get I-94? If so, looks like at least 3-year bar would be triggered.

 

https://fam.state.gov/fam/09fam/09fam040202.html

Edited January 6, 2021 by HRQX

[Allaboutwaiting 2,503]

4 minutes ago, HRQX said:

Isn't it 30 days max if a BCC traveler doesn't get I-94? If so, looks like at least 3-year bar would be triggered.

 

https://fam.state.gov/fam/09fam/09fam040202.html

Yes, he would be barred for 3 years if he leaves the US now. If he stays longer -past February 21st-, his overstay will be over a year so he'll be barred from re-entry for 10 years.

[millefleur 5,046]

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