Visiting CBP at airport, possibility of detention? (Fiancée overstayed visa) (merged)

[drudolf17 3]

1 minute ago, Rocio0010 said:

No. The text of the letter says that “this letter does not provide any immigration benefit”. The work authorization will come as a combo card in about 6-8 months after filing. For that, you file form I-765

So no matter what we do, if her NPT is denied she cannot work for 6-8 months.

[Rocio0010 5,579]

1 hour ago, drudolf17 said:

Do you mean that we should both remain in the country after filing for GC? I don't quite follow this statement.

No. You’re a USC and can leave and come back as you please. Her case is a whole other story. If she leaves without the advanced parole (form I-131), she won’t be allowed back in, and you’ll have to start over from abroad, with consular processing, because the process will be deemed “abandoned”. 
Therefore, file for the advanced parole, and she will be paroled back in after receiving the document. However, some are also advising against this and wait until she has her green card in hand to travel internationally.

[Rocio0010 5,579]

2 minutes ago, drudolf17 said:

So no matter what we do, if her NPT is denied she cannot work for 6-8 months.

Correcto 

[drudolf17 3]

5 minutes ago, Rocio0010 said:

Correcto 

Crappo. Fingers crossed! Thank you so much for your time.

[milimelo 4,481]

Don't forget I-693 medical for AOS.

[powerpuff 6,712]

~ Topic moved from K1 Fiancé visa forum to AOS work/tourist/student visas as the question is about AOS, particularly from a work visa, not K1 related ~

[Mike E 11,739]

11 hours ago, drudolf17 said:

I understand her staying in the country, but why should I avoid leaving?

I am going to be the contrarian here.  
 

If you frequently jet to Cancun, while she is waiting for advance parole, it isn’t a good look with respect to proving bonafide relationship.  

 

I even read of a case where a male petitioner with a wife waiting for AP was advised to not take business trips with a female coworker.  
 

Necessary travel for business, funerals, etc.  is ok.  But unless you live in Alaska or a territory, you should be taking vacations with your wife in the lower 48 plus Hawaii (assuming the flight path doesn’t go over a foreign country).    If you live in Alaska or a territory best to not leave your state or territory.  
 

The concern here is what happens if the erstwhile domestic flight diverts to a foreign country?

 

And the answer is, we don’t know. CBP might parole the alien in and the I-485 case might be permitted to continue.  But there are no definitive examples. Of course diversions of domestic flights to foreign countries are rare and TBH I haven’t heard of one.  
 

12 hours ago, Rocio0010 said:

 However, this is not advisable. Years ago there was a thread here of a fiance that was getting ready to file her papers, got pulled over in traffic and things went south, with the beneficiary being detained

That OP did eventually get bonded out of ICE detention but hasn’t been heard from after a some more posts. This ordeal can be 5 to 6 figures in legal fees and most people adjusting status cannot afford it.  So I suspect they end up leaving the USA, and incurring a lengthy ban for unlawful presence.  

[Rocio0010 5,579]

1 hour ago, Mike E said:

I am going to be the contrarian here.  
 

If you frequently jet to Cancun, while she is waiting for advance parole, it isn’t a good look with respect to proving bonafide relationship.  

 

I even read of a case where a male petitioner with a wife waiting for AP was advised to not take business trips with a female coworker.  
 

Necessary travel for business, funerals, etc.  is ok.  But unless you live in Alaska or a territory, you should be taking vacations with your wife in the lower 48 plus Hawaii (assuming the flight path doesn’t go over a foreign country).    If you live in Alaska or a territory best to not leave your state or territory.  
 

The concern here is what happens if the erstwhile domestic flight diverts to a foreign country?

 

And the answer is, we don’t know. CBP might parole the alien in and the I-485 case might be permitted to continue.  But there are no definitive examples. Of course diversions of domestic flights to foreign countries are rare and TBH I haven’t heard of one.  
 

That OP did eventually get bonded out of ICE detention but hasn’t been heard from after a some more posts. This ordeal can be 5 to 6 figures in legal fees and most people adjusting status cannot afford it.  So I suspect they end up leaving the USA, and incurring a lengthy ban for unlawful presence.  

Thank you for recalling it. I didn’t remember OP’s name

[Coco8 1,042]

OP

I suggest you start going over the AOS GC application through marriage and start putting all of the paperwork together. You can start putting together the paperwork before getting married and have it ready just in case. It's going to be a lot of paperwork. Luckily, your fiancee can apply with an expired passport because they are in the United States. She'll also be unemployed for 6-9 months until they receive a temporary authorization card. However, that's better than waiting more than 2 years outside of the country and it seems there was an accidental problem with the H1B. 

Good luck!

[drudolf17 3]

Here is our current plan:

 

We are going to airport CBP first thing tomorrow AM. Hoping for the very slim chance that we see an empathetic officer. We will explain that:

- Original H-1B was issued to 9/2022.

- Upon re-entty to USA H-1B expiration was changed. Fiancee was not aware (but we are at fault of course).

- Conflicting paperwork is ultimately what caused the confusion.

 

Assuming that fails, we will probably expedite our marriage to increase the chance of successful NPT. Her employer attorney said USCIS does not like to "break up families" and us being married will increase our chances.

 

Whether or not to stop work? The attorney said the only reason her continuing to work would be "an issue" is if the USCIS ask for request for evidence (RFE). In that case they would ask her last date working and she would have to admit she did not stop working.

 

9 hours ago, Mike E said:

I am going to be the contrarian here.  
 

If you frequently jet to Cancun, while she is waiting for advance parole, it isn’t a good look with respect to proving bonafide relationship.

Thanks - this is good to know. We have been together almost 6 years but I also don't want to give CBP/USCIS any reason to deny.

 

5 hours ago, Coco8 said:

It's going to be a lot of paperwork.

We are grateful that her employer will cover the fee for an attorney (they are already paying for her to get a GC, but they also said they would also pay to change the case to a marriage GC). We are informing ourselves on the process in the meantime - albeit a minute too late.

Edited March 24, 2022 by drudolf17

[drudolf17 3]

Hello,

 

My fiancée and I are going to airport CBP tomorrow morning to talk about a situation we are having with her H-1B.

 

She unintentionally overstayed her visa, so technically she is not legally in the country.

Is there a chance they would detain / deport her? We want to talk to an officer as a last chance before filing for nunc pro tunc.

 

Thank you kindly.

[Crazy Cat 41,894]

If I was out of status, the last place I would go is an airport....unless I was leaving the US.  I would consult an attorney. 

Edited March 25, 2022 by Crazy Cat

[Boiler 45,541]

I would think so.

[PaulaCJohnny 713]

46 minutes ago, drudolf17 said:

Hello,

 

My fiancée and I are going to airport CBP tomorrow morning to talk about a situation we are having with her H-1B.

 

She unintentionally overstayed her visa, so technically she is not legally in the country.

Is there a chance they would detain / deport her? We want to talk to an officer as a last chance before filing for nunc pro tunc.

 

Thank you kindly.

What is your goal for doing this? 

[Lemonslice 4,858]

Just don't.  Reach out to a lawyer/legal aid society in your community, but CBP is not there to assist you.  

 

https://miracoalition.org/resources/know-your-rights/

 

https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/

 

https://www.immigrantdefenseproject.org/wp-content/uploads/Home-Raid-community-Flyer-ENGL-November-2021.pdf

Quote

If I know I’m at risk, what can I do?

• Make a plan with your loved ones in case you are picked up by ICE!

•Avoid contact with Immigration – don’t apply to change your immigration status or to renew your greencard and don’t travel outside of the United States without talking to a lawyer first!

•Avoid contact with the Criminal Justice System - the police share your fingerprints with Immigration!

---

Not sure if your profile is correct, but in Boston you can reach out to MIRA, or RIAN - https://www.riancenter.org/

Edited March 25, 2022 by Lemonslice