Not sure if this is the right forum. but here goes.
my friend just married someone who is here on a b-1 visa. he came on a ship. His visa is valid to 2009 but he overstayed on his visit.
how does she go about filing for him, does she file i-485 or i-130. I'm sure this is going to be a long process as he overstayed and does he have to leave the country. I've heard cases where he can stay. She pregnant so having him here would be better for her.
So I guess if she files I-130 then he can't legally work until he gets his green card. If she can do I-485 then she can get EAd in 90 days while i-485 takes it time.
she is a USC
any help would be appreciated.
Full Version: How to adjust on overstay visa
VisaJourney.com > General Family Based Immigration Topics > Adjustment of Status (Green Card) General Discussion
B-1 is a work visa, right?
It is my understanding that once married, you just file for AOS. We have a friend in Michigan, from JA, who is going to do the same thing.
It is VERY important that they not leave the US before it all comes through.
It is my understanding that once married, you just file for AOS. We have a friend in Michigan, from JA, who is going to do the same thing.
It is VERY important that they not leave the US before it all comes through.
File the I-130, I-485, I-765 et al... all at the same time.
As long as he was properly inspected upon entry, then he should stay here until the process is complete....
As long as he was properly inspected upon entry, then he should stay here until the process is complete....
Oh, and she met him during this visa, right? There wasn't a previous visa where he met her, went home, and then came back, right? Cause that is a whole different story then.
How do you overstay a visa valid to 2009? It is still 2007.
Overstay is generally forgiven for AOS through marriage to a US Citizen.
When you file I-485, File an I-765 for EAD. Can then work using the EAD card while waiting for AOS.
EAD based on I-485 using code (c )(9 ) costs nothing the fee for I-485 also covers filing I-765, and I-131.
http://www.visajourney.com/forums/index.ph...page=i130guide2
Overstay is generally forgiven for AOS through marriage to a US Citizen.
When you file I-485, File an I-765 for EAD. Can then work using the EAD card while waiting for AOS.
EAD based on I-485 using code (c )(9 ) costs nothing the fee for I-485 also covers filing I-765, and I-131.
http://www.visajourney.com/forums/index.ph...page=i130guide2
I think she might mean his work visa was for 3 months or whatever and his passport is still valid. That's how I took it.
And, yes, you can overstay a work visa.
And, yes, you can overstay a work visa.
QUOTE(Jomo @ Nov 30 2007, 04:22 PM) 
B-1 is a work visa, right?
NO it is a business visitor's visa, for people entering the USA for business reasons, not to take a job in the USA, H1B is for taking a job in the USA.
Oh, ooooooo......that one I do not know about then. Thanks Yu.
Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.
QUOTE(desert_fox @ Nov 30 2007, 04:46 PM)
Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.
ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.
QUOTE(Jengles @ Nov 30 2007, 04:58 PM)
QUOTE(desert_fox @ Nov 30 2007, 04:46 PM)
Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.
ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.
Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.
QUOTE(desert_fox @ Nov 30 2007, 04:04 PM)
QUOTE(Jengles @ Nov 30 2007, 04:58 PM)
QUOTE(desert_fox @ Nov 30 2007, 04:46 PM)
Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.
ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.
Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.
True, no direct status adjustment is possible directly from a crewman's visa. The same can be said about someone who entered on VWP or a K-1 where the marriage did not occur. In other words only file an I-485.
However, if the alien is now a married to a USC, I am almost certain that the person can subsequently adjust based on an approved I-130....
Anyone?
QUOTE(fwaguy @ Nov 30 2007, 05:13 PM)
QUOTE(desert_fox @ Nov 30 2007, 04:04 PM)
QUOTE(Jengles @ Nov 30 2007, 04:58 PM)
QUOTE(desert_fox @ Nov 30 2007, 04:46 PM)
Just as long as it wasn't a crewmans visa....they cannot adjust status per the law.
ding ding ding, this it it, he has that visa, so then what, nothing??? He has to go home? His visa is good until 2009 but he only got a month to stay in the country....that was three or four years ago.
Then apparently it was not a B-1. Airline flight crews, workers on a cruise ship, etc. they get crewman visa....I think its a C visa...no adjustment is possible.
True, no direct status adjustment is possible directly from a crewman's visa. The same can be said about someone who entered on VWP or a K-1 where the marriage did not occur. In other words only file an I-485.
However, if the alien is now a married to a USC, I am almost certain that the person can subsequently adjust based on an approved I-130....
Anyone?
You cannot adjust status if you entered the US as a crewman...its one of the instructions on the
I-485...doesnt matter if you are married. The US citizen can file the I-130, but the alien cannot adjust status.
C1/D Visa
Can not adjust in the US.
Can not adjust in the US.
You are missing the point.. I agree the alien cannot adjust in the USA from a D visa by themselves simply by filing an I-485. The stipulation is the same for someone who enters on VWP and we all know that it is possible to adjust from there via an I-130. Please tell me why this is different
if im not mistaken you are talking about the same thing me and my husband are filing right?? he came on visa waiver and we got married and are aos now. jus wondering ..lol
QUOTE(fwaguy @ Nov 30 2007, 07:48 PM)
You are missing the point.. I agree the alien cannot adjust in the USA from a D visa by themselves simply by filing an I-485. The stipulation is the same for someone who enters on VWP and we all know that it is possible to adjust from there via an I-130. Please tell me why this is different
You are missing the point. If you entered the US with a crewmans visa...you cannot file an I-485...never. Doesnt matter if you got married, have an approved I-130...you CANNOT file for AOS. Just like you entered EWI...you CANNOT adjust status within the US with an I-485.
Read the instructions that come with the I-485...you are not elgible to file, regardless of whom petitioned for you.
can she file the i-130 and then he go back to his country for interview? can that work or once he leaves will he have to wait to come back since he overstayed. he does have his i-94 and it is a crewman's visa.
thanks for all your help
QUOTE(Jengles @ Dec 1 2007, 01:57 PM)
can she file the i-130 and then he go back to his country for interview? can that work or once he leaves will he have to wait to come back since he overstayed. he does have his i-94 and it is a crewman's visa.
thanks for all your help
thanks for all your help
She can file the I-130 and he will have to return to his country to await an interview. He will not be allowed back into the US without the correct visa. Since he has accrued a fair amount of overstay time, I believe that he will also have to file a waiver at interview to get past the 10 year ban. A chat with a good immigration attorney might be beneficial in this case.
Don't leave the country until you know the answer... Departure will incur a potential ban to re-entry. Since there is a fair amount of disagreement.. See a qualified immi attorney.
I've been telling her to see an immigration lawyer..thanks for the feedback will pass on the lawyers answers if she decides to go to one.
You are missing the point, it is clear and exact, read the directions for USCIS immigration law pertaining to this, there are not waivers or loopholes on this one.
QUOTE(fwaguy @ Nov 30 2007, 08:48 PM)
You are missing the point.. I agree the alien cannot adjust in the USA from a D visa by themselves simply by filing an I-485. The stipulation is the same for someone who enters on VWP and we all know that it is possible to adjust from there via an I-130. Please tell me why this is different
WOW.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
QUOTE(D&N @ Dec 2 2007, 12:49 PM)
WOW.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
You're not making any sense.
An overstay by definition is not someone who entered illegally. You can't overstay a legal stay if there was no legal stay to begin with. (I'm not sure how the citizen child of a citizen is an anchor baby, but that's unimportant.) An overstay doesn't need a waiver for EWI.
So let's have some accuracy here.
1) If you entered legally on a visa and overstayed, the overstay will not be a bar to attaining permanent residency through marriage. It doesn't matter how the overstay happened or when people filed for AOS having overstayed. There is no penalty fee for filing AOS from an overstayed visa.
2) If you entered illegally, you will not be able to adjust status even through marriage. You'll have to go home, file for a visa, and then successfully pursue a waiver in order to return. There is an extra fee to process this waiver. There is no penalty fee.
The question here is whether the C/D visa precludes someone who entered on it and overstayed filing for an I-130. Looking at the instructions, it is as fwaguy says: a little ambiguous. Included in the category where it says the person may not adjust status is also, e.g., illegal work, an overstay, , which we all know is not a bar to adjusting status based on marriage. Also included in that category are EWIs, which can't adjust. (The form is right -- you don't file based off of your expired tourist visa, but off of an approved or concurrently filed I-130.)
Verdict: ambiguous.
So the question is whether the crewman is treated more like an EWI or more like an overstayed tourist visa. I suspect, since it is singled out, that it is more like an EWI, but this is a case for an attorney and not speculation. Your friend shouldn't leave until he gets a definitive answer, because this might be the sort of thing resolvable without a separation. Leaving will trigger a ban, and that *will* require a waiver.
To help with the ambiguity:
ANYBODY can file an I-130. No matter what your situation is, the family visa process starts with the I-130.
Only eligible people can file the I-485. Someone on a crewmen's visa is not one of them. People that come here on VWP or other visas are one of the exceptions listed on the form. It specifically excludes crewmen.
A ban for overstay only occurs after 180 days of accumulated overstay and then it is a 3 year ban. (The ban is a tricky situation depending upon length of stay, when and if you have left and re-entered the country etc.) Overstays are forgiven at interview (through marriage of USC) ONLY if you have not left the country and re-entered after you accumulated overstay. If you leave then you will need to file a waiver.
ANYBODY can file an I-130. No matter what your situation is, the family visa process starts with the I-130.
Only eligible people can file the I-485. Someone on a crewmen's visa is not one of them. People that come here on VWP or other visas are one of the exceptions listed on the form. It specifically excludes crewmen.
A ban for overstay only occurs after 180 days of accumulated overstay and then it is a 3 year ban. (The ban is a tricky situation depending upon length of stay, when and if you have left and re-entered the country etc.) Overstays are forgiven at interview (through marriage of USC) ONLY if you have not left the country and re-entered after you accumulated overstay. If you leave then you will need to file a waiver.
His is not planning on leaving the U.S. at all, they were hoping for him to be able to work when the baby comes next summer, they knew he might not have his green card by then but were hoping for at least an EAD.
I would spend the $100 to get an initial consult with an attorney.
As far as I can tell (and I am no expert!) he cannot adjust status in the US. He will have to go home and then file for the correct visa. As long as he does not accumulate over 180 days, he will not need a waiver but he must be HONEST about his overstay at interview.
I can completely understand about wanting to stay for the baby (I'm a new mom myself!) so the faster they can get an answer to their conundrum the better.
As far as I can tell (and I am no expert!) he cannot adjust status in the US. He will have to go home and then file for the correct visa. As long as he does not accumulate over 180 days, he will not need a waiver but he must be HONEST about his overstay at interview.
I can completely understand about wanting to stay for the baby (I'm a new mom myself!) so the faster they can get an answer to their conundrum the better.
To clear up any ambiguity below is a verbatim excerpt from the Code:
Subsection a is: Status as Person for Permanent Residence on Application and Eligibility for Immigrant Status.
If he was an alien crew member and overstayed, it appears he cannot successfully adjust status to permanent residence.
QUOTE
INA Section 245( c)
Alien Crewmen, Aliens Continuing or Accepting Unauthorized Employment, and Aliens Admitted in Transit Without Visa
(c )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 201(B ) or a special immigrant described in section 101(a)(27)(H),(I),(J), or (K) ) 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 212(d)(4)(c ) ; (4) an alien (other than an immediate relative as defined in section 201(B ) ) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217 ; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S ) ; (6) an alien who is deportable under section 237(a)(4)(B ) ; 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(B ) 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 274A(h)(3) , or who has otherwise violated the terms of a nonimmigrant visa.
Alien Crewmen, Aliens Continuing or Accepting Unauthorized Employment, and Aliens Admitted in Transit Without Visa
(c )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 201(B ) or a special immigrant described in section 101(a)(27)(H),(I),(J), or (K) ) 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 212(d)(4)(c ) ; (4) an alien (other than an immediate relative as defined in section 201(B ) ) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217 ; (5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S ) ; (6) an alien who is deportable under section 237(a)(4)(B ) ; 1a/ (7) 2/ any alien who seeks adjustment of status to that of an immigrant under section 203(B ) 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 274A(h)(3) , or who has otherwise violated the terms of a nonimmigrant visa.
Subsection a is: Status as Person for Permanent Residence on Application and Eligibility for Immigrant Status.
If he was an alien crew member and overstayed, it appears he cannot successfully adjust status to permanent residence.
QUOTE(Caladan @ Dec 2 2007, 01:51 PM)
QUOTE(D&N @ Dec 2 2007, 12:49 PM)
WOW.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
You're not making any sense.
An overstay by definition is not someone who entered illegally. You can't overstay a legal stay if there was no legal stay to begin with. (I'm not sure how the citizen child of a citizen is an anchor baby, but that's unimportant.) An overstay doesn't need a waiver for EWI.
So let's have some accuracy here.
1) If you entered legally on a visa and overstayed, the overstay will not be a bar to attaining permanent residency through marriage. It doesn't matter how the overstay happened or when people filed for AOS having overstayed. There is no penalty fee for filing AOS from an overstayed visa.
2) If you entered illegally, you will not be able to adjust status even through marriage. You'll have to go home, file for a visa, and then successfully pursue a waiver in order to return. There is an extra fee to process this waiver. There is no penalty fee.
The question here is whether the C/D visa precludes someone who entered on it and overstayed filing for an I-130. Looking at the instructions, it is as fwaguy says: a little ambiguous. Included in the category where it says the person may not adjust status is also, e.g., illegal work, an overstay, , which we all know is not a bar to adjusting status based on marriage. Also included in that category are EWIs, which can't adjust. (The form is right -- you don't file based off of your expired tourist visa, but off of an approved or concurrently filed I-130.)
Verdict: ambiguous.
So the question is whether the crewman is treated more like an EWI or more like an overstayed tourist visa. I suspect, since it is singled out, that it is more like an EWI, but this is a case for an attorney and not speculation. Your friend shouldn't leave until he gets a definitive answer, because this might be the sort of thing resolvable without a separation. Leaving will trigger a ban, and that *will* require a waiver.
Now I don't even have to respond
Nobody is questionng that a person who arrives on a C/D visa cannot adjust status simply by filing an I-485. This is clear.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
QUOTE(fwaguy @ Dec 3 2007, 10:32 AM)
Nobody is questionng that a person who arrives on a C/D visa cannot adjust status simply by filing an I-485. This is clear.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The USC can file the I-130, but the D-1 crewman guy cannot file an I-485 to adjust status...
It's the law!!!! which you don't seem to believe.
By all means talk to an attorney, but don't pay him a dime if he says he can take care of it, because it won't happen.
QUOTE(desert_fox @ Dec 3 2007, 09:52 AM)
QUOTE(fwaguy @ Dec 3 2007, 10:32 AM)
Nobody is questionng that a person who arrives on a C/D visa cannot adjust status simply by filing an I-485. This is clear.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The USC can file the I-130, but the D-1 crewman guy cannot file an I-485 to adjust status...
It's the law!!!! which you don't seem to believe.
By all means talk to an attorney, but don't pay him a dime if he says he can take care of it, because it won't happen.
I fully agree that the crewman CANNOT file an I-485 and try to adjust status from there current status as they are NOT eligible.
What you don't want to try to understand is that the filing of an I-130 may indeed remove that barrier because they will no longer be filing an adjustment of status from C/D, but now filing the adjustment of status as a qualifying RELATIVE OF A USC. The establishment of which (approved I-130) means they have become eligible . No doubt that until such relationship is established the crewman is "dead in the water".
QUOTE(fwaguy @ Dec 3 2007, 10:04 AM)
QUOTE(desert_fox @ Dec 3 2007, 09:52 AM)
QUOTE(fwaguy @ Dec 3 2007, 10:32 AM)
Nobody is questionng that a person who arrives on a C/D visa cannot adjust status simply by filing an I-485. This is clear.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The USC can file the I-130, but the D-1 crewman guy cannot file an I-485 to adjust status...
It's the law!!!! which you don't seem to believe.
By all means talk to an attorney, but don't pay him a dime if he says he can take care of it, because it won't happen.
I fully agree that the crewman CANNOT file an I-485 and try to adjust status from there current status as they are NOT eligible.
What you don't want to try to understand is that the filing of an I-130 may indeed remove that barrier because they will no longer be filing an adjustment of status from C/D, but now filing the adjustment of status as a qualifying RELATIVE OF A USC. The establishment of which (approved I-130) means they have become eligible . No doubt that until such relationship is established the crewman is "dead in the water".
There is also the increasing overstay to consider. If it is viable route, for the USC to file the I-130 and upon its approval, file the I-485, it still does not solve the overstay issue. With the family based petition approvals taking as long as they are taking these days,....it may add unnecessary overstay in this situation (I don't remember reading it in the OP, but how long of an overstay are we talking about?). I know overstays are forgiven, but if all goes well according to this scenario, at the eventual interview the IO may still find fault with the lengthy overstay and may question if this route was all done to circumvent the ineligiblity of the C/D visa to file AOS. Dunno, just a thought.
-P
QUOTE(meow mix @ Dec 3 2007, 08:54 AM)
QUOTE(Caladan @ Dec 2 2007, 01:51 PM)
QUOTE(D&N @ Dec 2 2007, 12:49 PM)
WOW.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
You're not making any sense.
An overstay by definition is not someone who entered illegally. You can't overstay a legal stay if there was no legal stay to begin with. (I'm not sure how the citizen child of a citizen is an anchor baby, but that's unimportant.) An overstay doesn't need a waiver for EWI.
So let's have some accuracy here.
1) If you entered legally on a visa and overstayed, the overstay will not be a bar to attaining permanent residency through marriage. It doesn't matter how the overstay happened or when people filed for AOS having overstayed. There is no penalty fee for filing AOS from an overstayed visa.
2) If you entered illegally, you will not be able to adjust status even through marriage. You'll have to go home, file for a visa, and then successfully pursue a waiver in order to return. There is an extra fee to process this waiver. There is no penalty fee.
The question here is whether the C/D visa precludes someone who entered on it and overstayed filing for an I-130. Looking at the instructions, it is as fwaguy says: a little ambiguous. Included in the category where it says the person may not adjust status is also, e.g., illegal work, an overstay, , which we all know is not a bar to adjusting status based on marriage. Also included in that category are EWIs, which can't adjust. (The form is right -- you don't file based off of your expired tourist visa, but off of an approved or concurrently filed I-130.)
Verdict: ambiguous.
So the question is whether the crewman is treated more like an EWI or more like an overstayed tourist visa. I suspect, since it is singled out, that it is more like an EWI, but this is a case for an attorney and not speculation. Your friend shouldn't leave until he gets a definitive answer, because this might be the sort of thing resolvable without a separation. Leaving will trigger a ban, and that *will* require a waiver.
Now I don't even have to respond
Right because it is crystal clear and in black and white, it is the law, they will not be allowed to adjust on a crewman overstaying a visa, they will not be allowed to do this.
QUOTE(zqt3344 @ Dec 3 2007, 10:35 AM)
Right because it is crystal clear and in black and white, it is the law, they will not be allowed to adjust on a crewman overstaying a visa, they will not be allowed to do this.
First of all, when dealing with such a complicated, convuluted set of laws, rules and regulations hardly anything is CRYSTAL clear. Secondly, I am glad that you are so well versed in this particular section of the INA as to be able give such clear cut guidance.
why dont you bother to read the instructions on the I-485. There are several classes of people who cannot file for AOS. EWI's. K holders who married someone other than the orig petitioner, C-D visa holders, and on.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
QUOTE(zqt3344 @ Dec 3 2007, 11:35 AM)
QUOTE(meow mix @ Dec 3 2007, 08:54 AM)
QUOTE(Caladan @ Dec 2 2007, 01:51 PM)
QUOTE(D&N @ Dec 2 2007, 12:49 PM)
WOW.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
The "alternate immigration process" often described of entering on one visa, getting married, then filing AOS and staying in-country as "pending AOS" while the I130/AOS is in process probably will not apply to this case. The overstays that are routinely forgiven (without penalty) generally involve filing the AOS WHILE THE VISAHOLDER is in legal status, and the visa usually expires during processing so they can't travel outside the country until processing is complete.
The tough ones, and most risky, are the overstays who marry and file AOS as overstays, but...... with the new "penalty" those are usually forgiven as well. Those are usually people who drive, walk, or swim across, stay, work illegally, meet someone, get married, then when they file there is an additional penalty they have to pay (it's like a thousand bucks or so) and a pretty tough AOS process but usually they get through it. If they travel outside the country during processing, they get nailed with the ban.
The problem with this case is that the visa category type is specifically prohibited from adjusting. The way the regulations are worded, it implies that the person has to return to their home country to wait for I130 processing and have the visa granted there. Chance of waiver on ban is pretty good, if the marriage is legit, but they're separated during processing. Which kind of sux for this couple because there is an anchor baby involved.
Yep, an attorney definitely should look over this one. Kind of a special case.
You're not making any sense.
An overstay by definition is not someone who entered illegally. You can't overstay a legal stay if there was no legal stay to begin with. (I'm not sure how the citizen child of a citizen is an anchor baby, but that's unimportant.) An overstay doesn't need a waiver for EWI.
So let's have some accuracy here.
1) If you entered legally on a visa and overstayed, the overstay will not be a bar to attaining permanent residency through marriage. It doesn't matter how the overstay happened or when people filed for AOS having overstayed. There is no penalty fee for filing AOS from an overstayed visa.
2) If you entered illegally, you will not be able to adjust status even through marriage. You'll have to go home, file for a visa, and then successfully pursue a waiver in order to return. There is an extra fee to process this waiver. There is no penalty fee.
The question here is whether the C/D visa precludes someone who entered on it and overstayed filing for an I-130. Looking at the instructions, it is as fwaguy says: a little ambiguous. Included in the category where it says the person may not adjust status is also, e.g., illegal work, an overstay, , which we all know is not a bar to adjusting status based on marriage. Also included in that category are EWIs, which can't adjust. (The form is right -- you don't file based off of your expired tourist visa, but off of an approved or concurrently filed I-130.)
Verdict: ambiguous.
So the question is whether the crewman is treated more like an EWI or more like an overstayed tourist visa. I suspect, since it is singled out, that it is more like an EWI, but this is a case for an attorney and not speculation. Your friend shouldn't leave until he gets a definitive answer, because this might be the sort of thing resolvable without a separation. Leaving will trigger a ban, and that *will* require a waiver.
Now I don't even have to respond
Right because it is crystal clear and in black and white, it is the law, they will not be allowed to adjust on a crewman overstaying a visa, they will not be allowed to do this.
I was addressing the overstay 'penalty' that D&N had made up in his/her mind when adjusting based on marriage to a USC.
But we know you're only here to further an ulterior motive, so I'll ignore you.
QUOTE(desert_fox @ Dec 3 2007, 11:36 AM)
why dont you bother to read the instructions on the I-485. There are several classes of people who cannot file for AOS. EWI's. K holders who married someone other than the orig petitioner, C-D visa holders, and on.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
No you can't because the answer is not clear.... What part of requesting adjustment based on an approved I-130 and NOT directly from the crewman's visa do you not understand?
So OK, I will take you challeng and here is what I read in the instructions:
Who May File This Form I-485?
1. Based on an immigrant petition. Hmmmm... seems to me that an immigrant petition is the I-130...
What you are failing to see is that they would NOT filing status adjustment from a crewman's visa (due to ineligibility) but as a qualifying relative of a USC. If they are eligible under one section (established qualifying family relationship with an approved I-130) and ineligible under another section, which section has priority? The fact remains that they have the ability to established one form of eligibility. Are they then precluded from filing even though they are eligible? Alas, the $100,000 question. What other facts and circumstances are needed... I personally think the other wildcard is the inspection....
There is no question that currently having not yet established eligibility the person will not be successful...
QUOTE(fwaguy @ Dec 3 2007, 12:57 PM)
QUOTE(desert_fox @ Dec 3 2007, 11:36 AM)
why dont you bother to read the instructions on the I-485. There are several classes of people who cannot file for AOS. EWI's. K holders who married someone other than the orig petitioner, C-D visa holders, and on.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
No you can't because the answer is not clear.... What part of requesting adjustment based on an approved I-130 and NOT directly from the crewman's visa do you not understand?
So OK, I will take you challeng and here is what I read in the instructions:
Who May File This Form I-485?
1. Based on an immigrant petition. Hmmmm... seems to me that an immigrant petition is the I-130...
What you are failing to see is that they would NOT filing status adjustment from a crewman's visa (due to ineligibility) but as a qualifying relative of a USC. If they are eligible under one section (established qualifying family relationship with an approved I-130) and ineligible under another section, which section has priority? The fact remains that they have the ability to established one form of eligibility. Are they then precluded from filing even though they are eligible? Alas, the $100,000 question. What other facts and circumstances are needed... I personally think the other wildcard is the inspection....
There is no question that currently having not yet established eligibility the person will not be successful...
There is more to filing a I-485 than having an approved I-130....It also depends on how you entered the US. C or D visa....go back home for your interview because you cannot file for adjust of status within the US.
Sorry...that is the way it happens.
I have to agree with Desert Fox.
We adjusted from VWP with an I-130 already approved. You are still adjusting (based on marriage from USC) from whatever your status was.. we had to get into this in our interview when we had an approved I-130, an abandoned K-3 but adjusted based on his eligibility through the VWP. Our lawyer told us to point out we were adjusting from VWP from the onset and it was in fact, the first question of the interview. What status you are adjusting from does matter. It is a combination of the two that allows you to adjust.
But then again, I'm not a lawyer (yet! heehee) so I could be wrong.
We adjusted from VWP with an I-130 already approved. You are still adjusting (based on marriage from USC) from whatever your status was.. we had to get into this in our interview when we had an approved I-130, an abandoned K-3 but adjusted based on his eligibility through the VWP. Our lawyer told us to point out we were adjusting from VWP from the onset and it was in fact, the first question of the interview. What status you are adjusting from does matter. It is a combination of the two that allows you to adjust.
But then again, I'm not a lawyer (yet! heehee) so I could be wrong.
fwaguy, a crewman is ineligible. Period.
QUOTE(fwaguy @ Dec 3 2007, 01:05 PM)
QUOTE(zqt3344 @ Dec 3 2007, 10:35 AM)
Right because it is crystal clear and in black and white, it is the law, they will not be allowed to adjust on a crewman overstaying a visa, they will not be allowed to do this.
First of all, when dealing with such a complicated, convuluted set of laws, rules and regulations hardly anything is CRYSTAL clear. Secondly, I am glad that you are so well versed in this particular section of the INA as to be able give such clear cut guidance.
It is a dirty job but someone on here has to do it!
QUOTE(fwaguy @ Dec 3 2007, 10:32 AM)
Nobody is questionng that a person who arrives on a C/D visa cannot adjust status simply by filing an I-485. This is clear.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
The issue at hand is that since the person is now married to a USC, can the USC file an I-130 and once the petition is approved then and only then can the alien then file an I-485 requesting status adjustment based on the approved I-130. If so, then they are not requesting status adjustment from C/D visa but based on the I-130.
I also think the question of proper inspection comes into play and may be the wildcard. Does the alien have or still have the I-94 from there last entry? Without it will be even more hugely problematic.
He does still have his orginal I-94.
Crewmen would use an I-95. (Small point but I just thought I'd point it out.)
QUOTE(Jengles @ Dec 3 2007, 02:00 PM)
He does still have his orginal I-94.
Well the C/D visa appears to be a statutory bar....
QUOTE(desert_fox @ Dec 3 2007, 12:36 PM)
why dont you bother to read the instructions on the I-485. There are several classes of people who cannot file for AOS. EWI's. K holders who married someone other than the orig petitioner, C-D visa holders, and on.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
This is done for a very good reason. It is so easy to get a job on a cruise ship, or on some banana boat, fishing boat, etc. that everyone from 3rd world countries would sign on and jump ship at the first US POE.
It doesnt matter if this guy is the beneficiary of a petition submitted by Hillary herself....he CANNOT adjust status within the US.;
Now you may continue to advise ppl that it is possible, and see a law3yer, and find the loop hole, and spend a fortune and lose. I can find the answer in five minutes in the INS code.
I did read the instructions. Section 10 (where the crewman's visa is mentioned) starts off with a list of people who are ineligible to file, which includes crewmen & tourists & anyone who has worked illegally. If you look at the format of the list, it is 6 bullet pointed items, a semicolon, and then a big list of exceptions which seem to apply, grammatically, only to point F. But we know that entering on a tourist visa, or having worked illegally, or being out of status, are not bars to adjustment. The instructions themselves don't line up with the legal code.
Hence, I recommend that the guy see a lawyer not because I am hoping there is a loophole (I don't think there is, because there'd be no reason to single out the crewman & for the banana boat reasons you mention), but that I'm not comfortable recommending a course of action (leaving the country) that triggers a 10-year ban WITHOUT a lawyer's consult, especially since VJ doesn't have a whole lot of experience with C and D visas.
fwaguy....I found this for you. It is dated Feb 2007.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
QUOTE(zqt3344 @ Dec 3 2007, 02:28 PM)
QUOTE(fwaguy @ Dec 3 2007, 01:05 PM)
QUOTE(zqt3344 @ Dec 3 2007, 10:35 AM)
Right because it is crystal clear and in black and white, it is the law, they will not be allowed to adjust on a crewman overstaying a visa, they will not be allowed to do this.
First of all, when dealing with such a complicated, convuluted set of laws, rules and regulations hardly anything is CRYSTAL clear. Secondly, I am glad that you are so well versed in this particular section of the INA as to be able give such clear cut guidance.
It is a dirty job but someone on here has to do it!
Yeah?
QUOTE(rebeccajo @ Dec 3 2007, 02:29 PM)
fwaguy....I found this for you. It is dated Feb 2007.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
I read that too, unfortunately it appears to be fairly date range specific....
QUOTE(fwaguy @ Dec 3 2007, 03:52 PM)
QUOTE(rebeccajo @ Dec 3 2007, 02:29 PM)
fwaguy....I found this for you. It is dated Feb 2007.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
http://www.asianjournal.com/?c=129&a=18055
Caladan - There is a loophole. It is 245(i) of the INA but as the 'plain language' essay above indicates, many people don't fit through the loophole.
I read that too, unfortunately it appears to be fairly date range specific....
Yes. It means the loophole is pretty much closed now.
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