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Dean12345

Over stay visa marriaged with us citizen to apply green card under Trump immigration policy?

By Dean12345 in Adjustment of Status Case Filing and Progress Reports

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Dean12345 Newbie

Dean12345   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
Posted

My friend is over stay his visa for 10 years from Laos and he married with his wife (us citizen) for 1 year , now his I-485 is still on process (fingers print already and waiting for interview for 2 months from fingers print done). My question are

1. He will be okay for adjustment status under Trump immigration policy?

2. How long does he have to wait to get the green card interview?

3. He needs the lawyer now or not , if he have No criminal records ?

Thank you so much

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Nobody can guarantee he will be ok under Trump admin. 

 

What country is he from?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Overstayed on tourist visa?

 

Regardless, he has a 10 year ban. The petition will get denied and waivers will need to be filed.  A lawyer will best be needed. Will be a long and somewhat expensive process.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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zuluweta Proficient

zuluweta   250

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
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2 minutes ago, NuestraUnion said:

Overstayed on tourist visa?

 

Regardless, he has a 10 year ban. The petition will get denied and waivers will need to be filed.  A lawyer will best be needed. Will be a long and somewhat expensive process.

The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Jawaree Grand Master

Jawaree   717

Posted
Filed: Timeline
Posted
26 minutes ago, NuestraUnion said:

Overstayed on tourist visa?

 

Regardless, he has a 10 year ban. The petition will get denied and waivers will need to be filed.  A lawyer will best be needed. Will be a long and somewhat expensive process.

Please dont misinform no more here, what nonsense!

OP in light of current situation if an atty is affordable get

one.....theres no 10 yrs ban unless they depart the US

before getting conditional card..No one knows what IO

decision will be

 

Misery loves company too many rumors & lies being spread.

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Overlooked the fact that person still in US. It happens.

 

So 10 year ban would be forgiven.

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Calcif3r Contributor

Calcif3r   7

Posted
Filed: AOS (pnd) Country: South Korea
 Timeline
Posted
On 1/29/2017 at 6:10 PM, NuestraUnion said:

Overstayed on tourist visa?

 

Regardless, he has a 10 year ban. The petition will get denied and waivers will need to be filed.  A lawyer will best be needed. Will be a long and somewhat expensive process.

 

On 1/29/2017 at 6:14 PM, zuluweta said:

The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen.

 

@NuestraUnion There is no 10 year ban. His application won't be denied over an expired/overstayed visa. I think what you've described applies to

 

a) people who overstayed and left the country, meaning they are outside of the US 

or

b) people who border crossed their way into the states. 

 

@zuluweta is right. no ban for someone who overstayed but it's still in the US and married to US citizen.

 

My student visa was close to expiring before we knew for sure when we could file for AOS and I had read up on this. As long you can prove you've entered the country legally (be it student visa, tourist visa, H-1B visa) you're okay as long as you don't leave the country since you entered legally. The difference is you can't or shouldn't apply for advanced parole because your re-entry would not be guaranteed.

 

In other words, if you've overstayed your visa, until you have your green card in hand, don't even consider traveling outside the U.S.

 

Regarding Drump, or as I call him, Lying Cheato... No one knows. True Americans feel uncertain and it sucks but I choose to believe this country is greater than a single person and his groupies. It'll pass and we'll heal. As of right now, Cheato's policy don't directly affect your friend's process but that's not set in stone. 

 

Lawyer? that's up to and how informed you are about the process. I didn't feel like we needed a lawyer but that's a decision on a case by case, person to person scenario.

 

Best of Luck and Hope for the best!!!

Married the love of my life on May 14 2016

----------------------------------------------------

ROC - Removal of Conditions (2018-19)

 

12/10/2018 Sent full application for ROC to Dallas Lockbox (Forms: i-751)

 

Day 01 - 12/11/2018 - USCIS received package (priority date) 

Day 08 - 12/19/2018 - Printed  Notice date for NOA (didn't receive on mail until way later though)

Day 09 -  12/20/2018 - Called USCIS gave my alien# and they confirmed the package was received. within the hour I got a text message with my case number

Day 22 - 01/02/2019 - Received NOA Letter on the mail extends GC for 18 months. idk the exact date  I got it on the mail because I didn't write it down right away, this is when I scanned it. Notice date says Dec 19

Day 191 - 6/20/2019 - Called USCIS gave my alien# and asked for update 15 to 19 months  (March 2020 - August 2020) from filing date                      

 

----------------------------------------------------

AOS - Adjustment of Status (2016-17)

5/23/2016 Sent initial application for AOS (Forms: i-130, i-485, i-765 and G-1145)

 

Day 01 05/24/2016 USCIS received package (priority date)

Day 09 06/02/2016 Got USCIS Text (3). Case received form i-797 to follow in mail

Day 14 06/07/2016 We received i-797C for residence (i-485) and petition of relative (i-130 )

Day 20 06/13/2016 We received i-797C for employment app (i-765)

Day 25 06/18/2016 Received Biometrics Appt for July 1st

Day 38 07/01/2016 Biometrics Appt

Day 52 07/15/2016 Request for evidence: Missing Applicant Signature on form i-693 (page 1 of medical exams)

Day 83 08/15/2016 Change online status to "EAD: New Card Is Being Produced"

Day 86 08/18/2016 Change online status to "EAD: Card Was Mailed"

Day 90 08/22/2016 Received EAD card on the mail 

Day 90 08/22/2016 Applied for SSN - card to be mailed in 30 to 90 days

Day 106     09/07/2016 Received SSN card on the mail (took 16 days!!)

Day 182     11/22/2016    called for update, said still within processing time and to give it a month
Day 211    12/21/2016    called for update, said still within processing time and to give it a month
Day 213    12/23/2016    Got USCIS Text. Case updated Online. Interview scheduled for January 31st 2017.

Day 238    01/17/2017   Case updated: Notice Was Returned To USCIS Because The Post Office Could Not Deliver It

Day 238    01/17/2017   Filed E-Request: Service Request for Non-Delivery of other notice

Day 243    01/22/2017    Received NEW COPY of Interview Notice in the Mail for Jan 31st Interview 
Day 252    01/31/2017    Interview Day 

Day 252    01/31/2017    Case updated: Form i-130 and Form i-485 APPROVED!!! 

Day 254    02/02/2017    Change online status to "GC: My Card Was Mailed"

Day 258    02/06/2017    Received Green Card on Mail 

 

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