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Amy&Aldo

Tourist Visa Overstay/AOS

By Amy&Aldo in Tourist Visas

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Amy&Aldo Enthusiast

Amy&Aldo   2

Posted
Filed: Citizen (apr) Country: Mexico
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Hi everyone. I have an acquaintance from Mexico who has been living and working in the US for several years on a tourist visa that expires in August. He has obviously WAY overstayed the 6 month limit, and has worked illegally as well. While I do not agree with him doing this, I am wondering if there is any possible way for him to adjust his status and become a permanent resident at this point? I know that if he were to return to Mexico he would incur an automatic 10-year ban, but if he does not leave is there any way for him to stay here and become a legal resident? If anyone has any knowledge on this subject, your advice would be greatly appreciated! PLEASE, no judgmental comments...as I said, I DO NOT agree with his actions. I am simply soliciting some advice for him. Thanks in advance! :thumbs:

I-129F:

Feb. 12, 2008-I met Aldo while vacationing on the Riviera Maya in Mexico

Aug. 29, 2008-K1 application filed by our attorney

Sept. 2, 2008-NOA1

Dec. 16, 2008-NOA2

Mar. 4, 2009-Interview at Juarez Embassy-visa issued

Apr. 13, 2009-POE JFK Airport, NYC (Temporary 90-day work stamp received)

April 18, 2009-Wedding!!!

AOS:

May 26, 2009-Filed for AOS w/ EAD & AP

June 2, 2009-NOA

June 26, 2009-Transferred to CSC

July 10, 2009-Biometrics taken

July 15, 2009-AP Received (approved July 9)

July 20, 2009-EAD Card received (approved July 8)

Aug. 10, 2009-Green Card Received!

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Bernie C Proficient

Bernie C   24

Posted
Filed: Lift. Cond. (pnd) Country: Vietnam
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Posted

Definately got himself in a bit of a predicament. Unfortunately I am not aware of anyway to legally adjust status from his position. If it were possible I think everyone would be doing it!

Can't offer up much advice in this case.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Indy90 Enthusiast

Indy90   21

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Filed: Country:
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Posted (edited)

Hi everyone. I have an acquaintance from Mexico who has been living and working in the US for several years on a tourist visa that expires in August. He has obviously WAY overstayed the 6 month limit, and has worked illegally as well. While I do not agree with him doing this, I am wondering if there is any possible way for him to adjust his status and become a permanent resident at this point? I know that if he were to return to Mexico he would incur an automatic 10-year ban, but if he does not leave is there any way for him to stay here and become a legal resident? If anyone has any knowledge on this subject, your advice would be greatly appreciated! PLEASE, no judgmental comments...as I said, I DO NOT agree with his actions. I am simply soliciting some advice for him. Thanks in advance! :thumbs:

Make sure he gets an ITIN (Individual Tax Identification Number) so that he can pay his taxes, if he hasn't already. It is pretty easy to do and the IRS could careless about one's legality, just whether or not they pay their taxes (i.e. the IRS will not report him and he will not get deported for doing it, many illegal immigrants already do it). Sometime in the future if there is an amnesty, his having paid taxes may be a great benefit and could be a determining factor in his obtaining residency or not. Also, don't use any false or stolen documents that make him seem legal while working; this will not go over very well if there is an amnesty. Naturally, there is no guarantee that an amnesty will ever happen.

Edited by Indy90
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sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
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Posted (edited)

No, no possible way for him to adjust his status unless he can convince some American chick to marry him. Can't imagine why you'd think there would be. Otherwise, all those tourist-visa-overstayers would be doing that. It's illegal, for a reason.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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Filed: Other Timeline
Posted

The only possible way for him would be Adjustment of Status (from non-resident to resident) based on being an immediate relative of a US citizen. In that case his overstay and working will be forgiven and wiped off the table for good unless a crime is involved. A possible crime is using the Social Security number of another person, for example, as this is identity theft.

The thing is, he doesn't have to marry some chick just for the Green Card. If he's a "normal" guy who lives in the US and goes out, meets other people, does things that are normal, like enjoying sports, binge drinking, belly dancing, or whatever people do these days, it's only a matter of time until he will meet a woman he might want to marry because he likes her, not because he wants a Green Card.

If he's grumpy, old, poor, ugly, or just plain unsociable, it might take a long time though.

:bonk:

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Boiler Grand Master

Boiler   43,423

Posted
Filed: K-1 Visa Country: Wales
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Posted

Marriage is the obvious and most popular way.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 3 weeks later...
summerkiss Newbie

summerkiss   0

Posted
Filed: EB-2 Visa Timeline
Posted

Hello guys, I have the same case too. I am now overstaying for a couple of days due to booking prob going back home, the custom and border officers in the airport suggested that I can go home and report to the embassy bout my overstaying and 2 things could happen, either they will consider or they will ban me for life..

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Boiler Grand Master

Boiler   43,423

Posted
Filed: K-1 Visa Country: Wales
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Posted

Nope

Either they will issue you a new Visa or they will not.

The worst for a long overstay is a 10 year ban.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Ban means that there's no way you'll be able to get a new visa until your time is up. But even with the time served, or no ban at all, they can decide not to issue a new visa because they have certain suspicions.

In your case, they saw a pattern of you coming to the US frequently, which is why they gave you only a 30-day I-94 last time. I suggest you wait now until at least mid-2011 before trying to come back again. If they refuse you entry next time, you most likely won't be able to come back at all. Just give it some time for now, don't mention the overstay, but be prepared to show why you overstayed 4 days should it come up.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Boiler Grand Master

Boiler   43,423

Posted
Filed: K-1 Visa Country: Wales
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Posted

The overstay voided the B.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
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Posted

The overstay voided the B.

True. It doesn't matter if it's only 1 day or 2 of overstaying. Of course, we are talking only about B visas here.

Amy&Aldo-only a legit marriage with a US citizen would help your friend.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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