overstayed visa (merged)

[Boiler 46,063]

His visa is long gone, how long was he admitted for when he last entered.

[caregiver4ever 0]

On 1/24/2025 at 2:27 PM, Family said:

Nothing he can do  as far as an immediate fix and no amount of $$ paid to attorneys will change that. 
 

‘Your  2 options are as follows:

I

1. Marry. In Vegas you get marriage certificate same day. 
2. File I-130 ..mark consular process with his country of origin. Takes 14-18 months . Don’t mark “adjust in US” as that will cost you big delays and a future unnecessary I-824

3. Once USCIS approves I-130 case gets assigned to NVC . Pay the IV fees . 
4. With a copy of invoice paid, file I-601 A Provisional Waiver . ** Assuming it is still in place . Hire an attorney at the the Waiver stage and do lots of research and prep beginning now .

Anticipate another 1.5 years of waiting for I-601 A approval.

 

5. After I-601 A approval, complete NVC docs and get DQ, 

6. Wait for embassy to schedule IV interview. He then goes to interview and if all well, comes back an LPR

I-601 -A IS ONLY if he intends to stay put in the US until it’s approved. Will be tough but there are millions living under the radar.

 

Ii

1. Marry 

2. File I-130

3. He leaves and waits outside the US . 
4. You file I-601 .

5 and 6 are same 

Thanks

[caregiver4ever 0]

Can I marry my boyfriend who went a wall on a c1d visa then file for an 1 130 while he is still here.

[apond 46]

As per the other topic you posted. Yes you can but he is not eligible to adjust status from that visa so marry away but it does not protect him from anything immigration wise and being in the country illegally. 

[Ontarkie 14,446]

~~Related threads merged and Moved to IR1/CR1 P&P~~

[pushbrk 13,104]

On 1/25/2025 at 4:15 AM, Crazy Cat said:

Generally, I don't think he can adjust status from that visa.  You need a good attorney.

Crew member visa is an exception to the practice of forgiving overstays for spouse of US Citizen.

[Boiler 46,063]

We do not know how long he has been here, if he will be subject to a ban.

[JeanneAdil 6,633]

You can marry but doing AOS for crew members is not allowed WHY Because of rule INA 1255 section C

 

Understand marriage and him returning to Moroc to interview for I 130,  he can be denied as it looks like CO will say he Lied (misrepresented ) himself on the petition for the C1/D visa / Casa embassy is not going to look favoribly on what he did.

INA 1255 c

c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa

Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title,¹ (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa.'

 

reason is as Attorney Allan Lolly PC says

Limitation on Change of Status

Entering the US on a crew member visa generally prevents you from changing your immigration status to another visa status.  It also generally prevents you from obtaining a green card, working legally, or pursuing any other immigration benefit.  Were it otherwise, many crew members would jump ship and remain in the U.S., thereby shutting down the travel industry.  So, congress puts serious restrictions on the C1-D crewman visa to discourage anyone from doing anything other than work as a crew member while in the US.

Exceptions can include a claim under asylum, the Violence Against Women’s Act, or perhaps a U or T visa for crime victims.