Don't let my sister kill me !

[MXcompadre 75]

For your benefit, I am sharing with you a legal brief posting from the AllLaw.com website.  

 

If You Overstayed and Are Still in the United States 

If you are still in the United States after realizing that you overstayed, your best bet is most likely to return home as soon as possible. Because you are no longer in valid immigration status, you will not have the option to apply for a new status from inside the country.

If you are qualified for another immigration status, you will have to return home and consular process a new visa in order to wipe out the overstay issue. For example, if you are offered a job and the employer wants to sponsor you for H-1B status, the petition could be approved, but you would have to leave the country to apply for the H-1B visa.

One possible exception to returning home after an overstay exists if you are married to a U.S. citizen. If your U.S. citizen spouse sponsors you as an immediate relative for permanent residence, you can apply for adjustment of status within the United States. You will want to be very careful if you decide to go through with this process. The immigration officer has the discretion to deny your application and he or she will most likely ask you about why you stayed in the United States after your status expired. It is always a good idea to retain an immigration attorney when you apply for a benefit while you are out of status.

How Accruing Unlawful Presence Leads to Bars on Reentering the U.S.

If you decide to stay in the United States, you put yourself at risk for accumulating what's called "unlawful presence." Unlawful presence will ultimately lead to a finding of inadmissibility and a bar to reentering the United States.

Like an overstay, unlawful presence generally begins after a person's period of authorized stay expires. For most nonimmigrants, this concept is straightforward. For example, if a B-1 visitor’s stay ends on July 1, 2012, that person will begin to accrue unlawful presence on July 2, 2012. 

For F-1 and J-1 students admitted for D/S, however, unlawful presence will not begin until U.S. Citizenship and Immigration Services (USCIS) or another relevant government authority makes a formal determination that you are here unlawfully. For example, if you overstayed 90 days before receiving a formal determination from USCIS that you were in the United States unlawfully, those 90 days would not count towards the 180-day period and the clock for unlawful presence would begin on the date USCIS made that decision. These determinations are often made when an F-1 or J-1 student files a change of status application after having overstayed.

The punishment for unlawful presence is severe. The immigration regulations state that 180 days of unlawful presence will result in a finding of inadmissibility and a three-year bar to reentry. If you accrue 365 days or more of unlawful presence, you will face a ten-year bar to reentry. In order to avoid this punishment, you should depart the United States as soon as you possibly can.   

If You Overstayed and Then Left the United States  

If you have already left the United States,your previous overstay will not necessarily prevent you from returning unless you did accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the United States if you otherwise qualify for another nonimmigrant or immigrant status. Be prepared to explain why you overstayed in case you are questioned about it at the consulate or port of entry -- it may be seen as bad sign regarding your credibility or willingness to comply with the terms of your new visa. The information about your overstay will have been recorded; CBP notes your departure date when you surrender your I-94 card upon leaving.   

If you have overstayed a student or other nonimmigrant visa, you should consult with an immigration attorney about your rights and responsibilities. The immigration attorney can also determine if you have any options after accruing unlawful presence.

 

 

 

[Transborderwife 4,666]

4 minutes ago, MXcompadre said:

For your benefit, I am sharing with you a legal brief posting from the AllLaw.com website.  

 

If You Overstayed and Are Still in the United States 

If you are still in the United States after realizing that you overstayed, your best bet is most likely to return home as soon as possible. Because you are no longer in valid immigration status, you will not have the option to apply for a new status from inside the country.

If you are qualified for another immigration status, you will have to return home and consular process a new visa in order to wipe out the overstay issue. For example, if you are offered a job and the employer wants to sponsor you for H-1B status, the petition could be approved, but you would have to leave the country to apply for the H-1B visa.

One possible exception to returning home after an overstay exists if you are married to a U.S. citizen. If your U.S. citizen spouse sponsors you as an immediate relative for permanent residence, you can apply for adjustment of status within the United States. You will want to be very careful if you decide to go through with this process. The immigration officer has the discretion to deny your application and he or she will most likely ask you about why you stayed in the United States after your status expired. It is always a good idea to retain an immigration attorney when you apply for a benefit while you are out of status.

How Accruing Unlawful Presence Leads to Bars on Reentering the U.S.

If you decide to stay in the United States, you put yourself at risk for accumulating what's called "unlawful presence." Unlawful presence will ultimately lead to a finding of inadmissibility and a bar to reentering the United States.

Like an overstay, unlawful presence generally begins after a person's period of authorized stay expires. For most nonimmigrants, this concept is straightforward. For example, if a B-1 visitor’s stay ends on July 1, 2012, that person will begin to accrue unlawful presence on July 2, 2012. 

For F-1 and J-1 students admitted for D/S, however, unlawful presence will not begin until U.S. Citizenship and Immigration Services (USCIS) or another relevant government authority makes a formal determination that you are here unlawfully. For example, if you overstayed 90 days before receiving a formal determination from USCIS that you were in the United States unlawfully, those 90 days would not count towards the 180-day period and the clock for unlawful presence would begin on the date USCIS made that decision. These determinations are often made when an F-1 or J-1 student files a change of status application after having overstayed.

The punishment for unlawful presence is severe. The immigration regulations state that 180 days of unlawful presence will result in a finding of inadmissibility and a three-year bar to reentry. If you accrue 365 days or more of unlawful presence, you will face a ten-year bar to reentry. In order to avoid this punishment, you should depart the United States as soon as you possibly can.   

If You Overstayed and Then Left the United States  

If you have already left the United States,your previous overstay will not necessarily prevent you from returning unless you did accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the United States if you otherwise qualify for another nonimmigrant or immigrant status. Be prepared to explain why you overstayed in case you are questioned about it at the consulate or port of entry -- it may be seen as bad sign regarding your credibility or willingness to comply with the terms of your new visa. The information about your overstay will have been recorded; CBP notes your departure date when you surrender your I-94 card upon leaving.   

If you have overstayed a student or other nonimmigrant visa, you should consult with an immigration attorney about your rights and responsibilities. The immigration attorney can also determine if you have any options after accruing unlawful presence.

 

 

 

Wrong advice for OP's situation 

[aaron2020 11,651]

6 minutes ago, MXcompadre said:

For your benefit, I am sharing with you a legal brief posting from the AllLaw.com website.  

 

If You Overstayed and Are Still in the United States 

If you are still in the United States after realizing that you overstayed, your best bet is most likely to return home as soon as possible. Because you are no longer in valid immigration status, you will not have the option to apply for a new status from inside the country.

If you are qualified for another immigration status, you will have to return home and consular process a new visa in order to wipe out the overstay issue. For example, if you are offered a job and the employer wants to sponsor you for H-1B status, the petition could be approved, but you would have to leave the country to apply for the H-1B visa.

One possible exception to returning home after an overstay exists if you are married to a U.S. citizen. If your U.S. citizen spouse sponsors you as an immediate relative for permanent residence, you can apply for adjustment of status within the United States. You will want to be very careful if you decide to go through with this process. The immigration officer has the discretion to deny your application and he or she will most likely ask you about why you stayed in the United States after your status expired. It is always a good idea to retain an immigration attorney when you apply for a benefit while you are out of status.

How Accruing Unlawful Presence Leads to Bars on Reentering the U.S.

If you decide to stay in the United States, you put yourself at risk for accumulating what's called "unlawful presence." Unlawful presence will ultimately lead to a finding of inadmissibility and a bar to reentering the United States.

Like an overstay, unlawful presence generally begins after a person's period of authorized stay expires. For most nonimmigrants, this concept is straightforward. For example, if a B-1 visitor’s stay ends on July 1, 2012, that person will begin to accrue unlawful presence on July 2, 2012. 

For F-1 and J-1 students admitted for D/S, however, unlawful presence will not begin until U.S. Citizenship and Immigration Services (USCIS) or another relevant government authority makes a formal determination that you are here unlawfully. For example, if you overstayed 90 days before receiving a formal determination from USCIS that you were in the United States unlawfully, those 90 days would not count towards the 180-day period and the clock for unlawful presence would begin on the date USCIS made that decision. These determinations are often made when an F-1 or J-1 student files a change of status application after having overstayed.

The punishment for unlawful presence is severe. The immigration regulations state that 180 days of unlawful presence will result in a finding of inadmissibility and a three-year bar to reentry. If you accrue 365 days or more of unlawful presence, you will face a ten-year bar to reentry. In order to avoid this punishment, you should depart the United States as soon as you possibly can.   

If You Overstayed and Then Left the United States  

If you have already left the United States,your previous overstay will not necessarily prevent you from returning unless you did accrued 180 days or more of unlawful presence before leaving and are therefore barred from reentry.

If you accrued fewer than 180 days of unlawful presence, you can still apply to return to the United States if you otherwise qualify for another nonimmigrant or immigrant status. Be prepared to explain why you overstayed in case you are questioned about it at the consulate or port of entry -- it may be seen as bad sign regarding your credibility or willingness to comply with the terms of your new visa. The information about your overstay will have been recorded; CBP notes your departure date when you surrender your I-94 card upon leaving.   

If you have overstayed a student or other nonimmigrant visa, you should consult with an immigration attorney about your rights and responsibilities. The immigration attorney can also determine if you have any options after accruing unlawful presence.

 

 

 

ABSOLUTELY WRONG!!!!!!  As an F-1 student with a D/S, he does not accumulate days of unlawful presence.  He can stay and file for AOS based on marriage to a USC.

[piff 46]

100% nice scenario - I'd file I-130, then upgrade it as she becomes a citizen. By this time it'll be approved in mid March/early April. 

 

Overstay up to a year does not have a ban and is forgiven but will be brought up for sure if you try to travel while everything else is pending. 

[Boiler 43,388]

15 minutes ago, piff said:

100% nice scenario - I'd file I-130, then upgrade it as she becomes a citizen. By this time it'll be approved in mid March/early April. 

 

Overstay up to a year does not have a ban and is forgiven but will be brought up for sure if you try to travel while everything else is pending. 

Nope

[MXcompadre 75]

The offered the AllLaw.com post was in light of the recurring tightening of, and stringent policy Immigration issues position of the current USA Presidential administration in power.  What was, was!  It's always prudent in fling to be pre-prepared for all scenarios, as each case is subject to the harsh realities of meeting the prevailing criteria for approval.          

[Transborderwife 4,666]

1 hour ago, MXcompadre said:

The offered the AllLaw.com post was in light of the recurring tightening of, and stringent policy Immigration issues position of the current USA Presidential administration in power.  What was, was!  It's always prudent in fling to be pre-prepared for all scenarios, as each case is subject to the harsh realities of meeting the prevailing criteria for approval.          

Still does not meet this situation 

[Shiobhan 235]

Livestream, many companies are doing so, its so close

why put yourself through the hassle of start over