B1/B2 visa adjustment of status

[Kaypaul 0]

I have a question  I have an approved I-130 and my proiority  date is here and I was notified  to adjust my status. My question is do i have to file and in admissibility  waiver ?

[Hypnos 6,576]

Not possible to answer given the facts you provided. 

 

If you want answers you need to actually provide relevant information. 

[DrEllaNJ 288]

more info needed: how long have you been out of status? what is your petition based on, marriage to LPR, or did your parents file for you?

[Kaypaul 0]

I overstayed about 5 years I came to America in April 2011 and my mother is a US citizen and I am over the age of 21and she filed my petition in august of 2011 and it was approved on August 29 2011

[Boiler 43,430]

So you can not adjust in country, you have to be  in status to adjust status.

Edited July 12, 2017 by Boiler

[DrEllaNJ 288]

I don't think this is a DIY case. You may want to consult a lawyer to see what your options are- you'll basically have to prove your USC relative (mom) would suffer extreme hardship. I found some information here: http://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

[Boiler 43,430]

56 minutes ago, DrEllaNJ said:

I don't think this is a DIY case. You may want to consult a lawyer to see what your options are- you'll basically have to prove your USC relative (mom) would suffer extreme hardship. I found some information here: http://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

You have it back to front, I was sort of assuming he would just stay here.

[DrEllaNJ 288]

1 minute ago, Boiler said:

You have it back to front, I was sort of assuming he would just stay here.

But as you said, OP has no way to adjust... I was thinking leaving the US to apply out of country = incurring ban for overstay = seeking waiver with the help of a lawyer.

[Boiler 43,430]

But he would not prove anything down to his mother to file the waiver and show hardship.

[DrEllaNJ 288]

I'm not entirely sure what you're getting at, I guess I skipped some steps? I understand the OP is considering filing the i-601A waiver.

Here's where the mother comes in, from this website: http://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Waiver of the Three- and Ten-Year Time Bars

A waiver is available to people who can demonstrate that if they are not granted the requested immigration benefit, such as a green card, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship.

But extreme hardship is notoriously difficult to prove. It means demonstrating more than the hardship that any family member would feel upon facing separation due to denial of a visa. You’d want to be able to show severe financial, emotional, or medical consequences to one of your U.S. family members.

And the stakes are high: Many applicants are unable to find out before leaving the United States whether the waiver will be granted, but need to first leave the country and show up for the consular interview.

An exception exists if you're the immediate relative of a U.S. citizen, no other grounds of inadmissibility apply to you, and the hardship you're alleging is either to your U.S. citizen spouse or parent (not child), you may be able to apply for a "provisional" or "stateside" waiver before you leave the U.S. for your interview. See Staying in the U.S. With The I-601A Provisional Waiver of Inadmissibility.

Definitely get a lawyer’s help if you’re considering applying for one of these waivers. The lawyer can help assess whether your local consulate is likely to be sympathetic to your waiver request (some are more sympathetic than others), and help you gather documents and affidavits in support of your family’s claim to extreme hardship.

[Hypnos 6,576]

As stated, you cannot adjust status due to your overstay (unless you entered on an F-1 or similar that granted you D/S on your I-94).

 

You can look into filing an I-601A provisional waiver of inadmissibility. You would still need to depart the US and interview in your home country, but with an approved I-601A and assuming simple overstay is your only negative factor, this would hopefully not be very long.

 

The advice to consult with a reputable and experienced immigration attorney is solid.

Edited July 13, 2017 by Hypnos

[Daniel18 0]

while appreciating the good works of this forum, can you pls assist me with the following:

1. I have filed for F1 for myself and my dependent (F2). USCIS has received it because a receipt was sent to me. But the issue i am having is that it is taking long than expected because the semester (Fall) i intend to resume the school i applied should be starting soon.

2. while waiting for USCIS approval to enable me enroll into my courses and start schooling, I have a job interview with an organization and also to discuss H1B visa opportunity. Please i will like to know if while I am expecting to hear from USCIS on my F1 Visa Status, can I Process for H1B Visa with the organization is considered or given the job opportunity? 

3. If I can file for H1B while waiting for USCIS on the approval of already filed F1 visa, please how do i go about that (how do i start). Please note also that my i-94 expired on the 4th of June, 2017. But I filed for F1 before it expired.

4. If yes to question 3, please what document do I need to file with USCIS to enable me start working with the organization before F1 approval comes out and subsequent filing for H1B visa.

5. Your kind confirmation on the date and month when H1B filing commence for engineering degree holders will be appreciated.

 

Thank you very much

[Daniel18 0]

while appreciating the good works of this forum, can you pls assist me with the following:

1. I have filed for F1 for myself and my dependent (F2). USCIS has received it because a receipt was sent to me. But the issue i am having is that it is taking long than expected because the semester (Fall) i intend to resume the school i applied should be starting soon.

2. while waiting for USCIS approval to enable me enroll into my courses and start schooling, I have a job interview with an organization and also to discuss H1B visa opportunity. Please i will like to know if while I am expecting to hear from USCIS on my F1 Visa Status, can I Process for H1B Visa with the organization is considered or given the job opportunity? 

3. If I can file for H1B while waiting for USCIS on the approval of already filed F1 visa, please how do i go about that (how do i start). Please note also that my i-94 expired on the 4th of June, 2017. But I filed for F1 before it expired.

4. If yes to question 3, please what document do I need to file with USCIS to enable me start working with the organization before F1 approval comes out and subsequent filing for H1B visa.

5. Your kind confirmation on the date and month when H1B filing commence for engineering degree holders will be appreciated.

 

Thank you very much

[Boiler 43,430]

If the organisation your interviewing cap exempt?

 

ps they would apply, not you.

[Daniel18 0]

Yes, the organization is filing for me, but i will like to know and have knowledge of the processes and what it entails in the processing of the H1B Visa, that is why i am asking.

 

Please note that I applied for change of status to F1 before my B1/B2 Visa expired (i-94). That is, my i-94 was still valid when I applied for change of status to F1. In these regards, please be informed that my petition/filing was accepted and is being processed by USCIS as a case file number was assigned. Advise further on this basis, because i wanted to know if it is possible for the organization to file a petition for me on H1B basis while F1 is awaiting approval. Thanks