Adjustment of Status from a Tourist Visa with Overstay

[JEWELLA 10]

If someone enters the U.S on a tourist visa and decided to overstayed their visa and remain in the U.S 5 or 6 years. Can they file to adjust their status to permanent resident? Would they be able to petition for themselves or they would a family member to file the petition on their behalf? 

[Just Paul 4,595]

5 minutes ago, JEWELLA said:

Can they file to adjust their status to permanent resident?

Only if they are married to a USC or LPR (if the priority date is current).

 

6 minutes ago, JEWELLA said:

Would they be able to petition for themselves

No

6 minutes ago, JEWELLA said:

would a family member to file the petition on their behalf?

A family member could petition but the interview would be at a consulate and the lifetime bar that had accrued due to the overstay would have to be overcome.

Usually in these cases there are additional items such as work under a false SSN or claiming to be a USC.

 

Probably time to get a lawyer.

[Crazy Cat 41,772]

5 minutes ago, Paul & Mary said:

Only if they are married to a USC or LPR (if the priority date is current).

Can they adjust through marriage to an LPR after an overstay?

[SusieQQQ 11,586]

9 minutes ago, Lucky Cat said:

Can they adjust through marriage to an LPR after an overstay?

No. Only an IR and very limited other categories (like VAWA) can adjust after an overstay. Any other category will be ineligible to adjust.  See section F, the second block desks with overstay and other violations of status https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 (Note that any prior overstay also makes them ineligible to adjust even if they have maintained status on current visit)

 

 

Edited June 12, 2021 by SusieQQQ

[SusieQQQ 11,586]

^deals, not desks

[JEWELLA 10]

41 minutes ago, Paul & Mary said:

Only if they are married to a USC or LPR (if the priority date is current).

 

No

A family member could petition but the interview would be at a consulate and the lifetime bar that had accrued due to the overstay would have to be overcome.

Usually in these cases there are additional items such as work under a false SSN or claiming to be a USC.

 

Probably time to get a lawyer.

Yeah, am confuse cause that's what I thought. I have a sibling with overstayed. But they were told they could adjust their status on their own after being here for quiet some time by completing the I-184 along with the other documentation. But she would be eligible under Continuous residency  (registry) under the I-184 but when I read it, it doesn't appear that way to me.

[SusieQQQ 11,586]

7 minutes ago, JEWELLA said:

Yeah, am confuse cause that's what I thought. I have a sibling with overstayed. But they were told they could adjust their status on their own after being here for quiet some time by completing the I-184 along with the other documentation. But she would be eligible under Continuous residency  (registry) under the I-184 but when I read it, it doesn't appear that way to me.

Huh? Where did they hear that? The only self petitioning visas are diversity visa and some employment categories, and none of those allow adjustment after that kind of overstay. (Well some other self petitions exist  but won’t apply to her)

 

PS I have never heard of the form or terminology you refer to and I am sure if that was the case then hundreds of thousands if not millions of illegals would be using this route.

 

Edited June 12, 2021 by SusieQQQ

[Crazy Cat 41,772]

35 minutes ago, SusieQQQ said:

(Note that any prior overstay also makes them ineligible to adjust even if they have maintained status on current visit)

Thanks.  That was my understanding....

[SusieQQQ 11,586]

51 minutes ago, Paul & Mary said:

A family member could petition but the interview would be at a consulate and the lifetime bar that had accrued due to the overstay would have to be overcome.

10 year bar, not lifetime bar.

[JEWELLA 10]

6 minutes ago, SusieQQQ said:

Huh? Where did they hear that? The only self petitioning visas are diversity visa and some employment categories, and none of those allow adjustment after that kind of overstay. (Well some other self petitions exist  but won’t apply to her)

 

PS I have never heard of the form or terminology you refer to and I am sure if that was the case then hundreds of thousands if not millions of illegals would be using this route,

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf

[Pinkrlion 2,715]

10 minutes ago, JEWELLA said:

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf 539.23 kB · 1 download

There is nothing that she qualifies for within the US unless she is married to a USC or LPR

[Crazy Cat 41,772]

4 minutes ago, Pinkrlion said:

or LPR

after an overstay?

[SalishSea 17,791]

22 minutes ago, JEWELLA said:

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf 539.23 kB · 3 downloads

You can petition her.  She needs to go home.  She is out of status, and cannot legally be here while awaiting for the petition to be approved.  She will eventually need a waiver for the overstay.

[JEWELLA 10]

5 minutes ago, Pinkrlion said:

There is nothing that she qualifies for within the US unless she is married to a USC or LPR

I totally agree. I read through USCIS and I don't see anything that makes her eligible. Ultimately it all comes down to be petitioning her which is a lot to ask.

[SalishSea 17,791]

2 minutes ago, JEWELLA said:

I totally agree. I read through USCIS and I don't see anything that makes her eligible. Ultimately it all comes down to be petitioning her which is a lot to ask.

Sibling petitions take around 20 years anyway.