B2 Visa

[creole_queen 11]

My friend's b2 visa has expired for a couple, years now.  She is applying for an adjustment of status, what should she put in the current immigration status section? 

[bad4tatt 168]

17 hours ago, creole_queen said:

My friend's b2 visa has expired for a couple, years now.  She is applying for an adjustment of status, what should she put in the current immigration status section? 

Most likely will get rejected and deported from what I have read on the USCIS site.

[geowrian 22,335]

On what basis is she filing for AOS? Immediate relative of a USC?

[creole_queen 11]

She’s filling on the basis of immediate family of permanent resident. 

[geowrian 22,335]

1 minute ago, creole_queen said:

She’s filling on the basis of immediate family of permanent resident. 

Then she does not qualify for AOS as the IR of an LPR. Overstay is only ignored for IRs of a USC.

[BuiQuang 95]

3 minutes ago, creole_queen said:

She’s filling on the basis of immediate family of permanent resident. 

should not be this hard.  who is the relative?  immediate family of permanent resident not a category.

 

Edited November 7, 2017 by BuiQuang

[creole_queen 11]

She stayed with her Visa after there was a natural disaster in her country and the country was given TPS (Temporary Protected Status). Since she was already in the US when the tps was given ( legally with an unexpired visa) her family made her stay. And now her mother is here as a permanent resident and she was trying to apply for her and change her status

Edited November 7, 2017 by creole_queen

[geowrian 22,335]

4 minutes ago, creole_queen said:

She stayed with her Visa after there was a natural disaster in her country and the country was given TPS (Temporary Protected Status). Since she was already in the US when it happened. Her family made her stay. And now her mother is here as a permanent resident and she was trying to apply for her and change her status

Ah...well that's an important aspect to note. So she is not in the US illegally. Her current status would be TPS (or TPS Holder).

 

The petitioner must have already filed an I-130 for her and the PD must be after the Dates for Filing chart as noted on the USCIS AOS chart (see F2A): https://www.uscis.gov/visabulletininfo

Note that this changes monthly....it could change to the Final Action Dates chart, which is usually later.

[BuiQuang 95]

what country?  why so hard for u to give information?  u say country given tps.  us did not give entire country tps.  she must apply for tps.  was she given tps?  or she just overstay b2 visa?  she overstay tps?

 

 

Edited November 7, 2017 by BuiQuang

[BuiQuang 95]

how old ur friend?

 

[creole_queen 11]

Edited November 7, 2017 by creole_queen

[creole_queen 11]

1 hour ago, geowrian said:

Ah...well that's an important aspect to note. So she is not in the US illegally. Her current status would be TPS (or TPS Holder).

 

The petitioner must have already filed an I-130 for her and the PD must be after the Dates for Filing chart as noted on the USCIS AOS chart (see F2A): https://www.uscis.gov/visabulletininfo

Note that this changes monthly....it could change to the Final Action Dates chart, which is usually later.

Yes, her mother has already filed the I-130 for her. They received a notice of action a year and 7 months ago saying that it was approved and sent to the NVC. But they haven't heard anything since. 

 

1 hour ago, BuiQuang said:

how old ur friend?

 

She just turned 22. 

[creole_queen 11]

1 hour ago, BuiQuang said:

what country?  why so hard for u to give information?  u say country given tps.  us did not give entire country tps.  she must apply for tps.  was she given tps?  or she just overstay b2 visa?  she overstay tps?

 

9

I never stated that the entire country (Haiti) was given TPS. Also I do not have any problems given out information. Lord!

[geowrian 22,335]

25 minutes ago, creole_queen said:

Yes, her mother has already filed the I-130 for her. They received a notice of action a year and 7 months ago saying that it was approved and sent to the NVC. But they haven't heard anything since. 

 

She just turned 22. 

How old exactly (i.e. years + months + days)? When was the I-130 approved and what is the PD? She may have "aged out" into F2B, which is like an 8 year wait. She is no longer a "child" as of when she turned 21. CSPA may or may not apply.

Edited November 7, 2017 by geowrian

[creole_queen 11]

6 minutes ago, geowrian said:

How old exactly (i.e. years + months + days)? When was the I-130 approved and what is the PD? She may have "aged out" into F2B, which is like an 8 year wait. She is no longer a "child" as of when she turned 21. CSPA may or may not apply.

She just turned 22. The I-130 was approved in April 2016 and she has been waiting since then. I do not see a priority date on her notice of action. What is the F2B? I thought her age could be a problem too. What is the F2B?