Visa over stay greencard process ?

[Calvinwings 0]

I came to the U.S. on a work visa, then my Visa got expired I could not extend my Visa because I 140 got approved after two months of my Visa expiry date, but I didn't leave the United States because I was dating an American citizen. Now, about two years later, we have gotten married, But I had issues with the marriage so I left the USA (Now I have a travel ban for 10 years), later I filed my Divorce after three years of marriage. now my company that filled my Employment-based green card my priority dates are getting current next month can I apply for GC through consular processing will there be any denial?.

I don't have any criminal records in USA, Also I don't think I am eligible for any Visa waiver program. since I have "unlawfully present" in the U.S. for two years I have 10 years ban by default since I left the country.
IT is been 7 years I am living outside of the USA. can I wait for another 3 years to re-apply for any of my immigration or non-immigration visas? so they still need a waiver after 10 years ?

[arken 4,197]

1 hour ago, Calvinwings said:

Now my company that filled my Employment-based green card my priority dates are getting current next month can I apply for GC through consular processing will there be any denial?

You won't be issued the immigrant visa until 10 year ban is over. You won't likely qualify for waiver to get the visa before the ban is over.

[Jacksparrow11 16]

On 6/28/2021 at 12:01 PM, Calvinwings said:

I came to the U.S. on a work visa, then my Visa got expired I could not extend my Visa because I 140 got approved after two months of my Visa expiry date, but I didn't leave the United States because I was dating an American citizen. Now, about two years later, we have gotten married, But I had issues with the marriage so I left the USA (Now I have a travel ban for 10 years), later I filed my Divorce after three years of marriage. now my company that filled my Employment-based green card my priority dates are getting current next month can I apply for GC through consular processing will there be any denial?.

I don't have any criminal records in USA, Also I don't think I am eligible for any Visa waiver program. since I have "unlawfully present" in the U.S. for two years I have 10 years ban by default since I left the country.
IT is been 7 years I am living outside of the USA. can I wait for another 3 years to re-apply for any of my immigration or non-immigration visas? so they still need a waiver after 10 years ?

how did you find out that you are banned for travelling to US?

[Calvinwings 0]

3 hours ago, Jacksparrow11 said:

how did you find out that you are banned for travelling to US?

Since I did not go to school after 4 months it should have been out of status I have applied for FOIA/PA STATUS CHECK will know soon 

[arken 4,197]

12 minutes ago, Calvinwings said:

Since I did not go to school after 4 months it should have been out of status I have applied for FOIA/PA STATUS CHECK will know soon 

Why would you go to school on a work visa?

[Calvinwings 0]

7 hours ago, arken said:

Why would you go to school on a work visa?

 

  Well I forgot to mention I need to stay in USA since my H1 VISA was above to expire and My I 140 was not yet approved so I applied for F1 and got approved. After 3 months my I140 got approved but I could not maintain my grade in school later I dropped out of school and stayed in the country for 2 years and got married and left for India due to personal reasons. now there is a 10 years ban by default.  since I divorced her there is no way I can't use the waiver . 

Edited June 30, 2021 by Calvinwings

[arken 4,197]

Correct, no waiver for EB based visa, you can try after 10 year ban is over.

Edited June 30, 2021 by arken