AOS and expired visa, help

[Aztec&Taino 144]

I'm not an expert on people appyling for the AOS from a tourist visa. If it was me, I would go back to Turkey and go the correct procedure.

I know people in the past have come over to the US on a tourist visa, got married and AOS and they were succesfull, but now I think it's far more difficult to do so.

Good luck, I'm sure someone else can give a better answer.

If she returns to Turkey after her overstay she would incur a ban from the US (3 years if overstay was less than 180 days, 10 years if overstay was longer). Actually, about the worst thing that she could do would be to go back to Turkey in terms of being able to correct her immigration status. What they need to do is file the I-130 and the AOS together. Since she entered with a visa, she is able to adjust her status.

[Used to be broken 143]

I'm not an expert on people appyling for the AOS from a tourist visa. If it was me, I would go back to Turkey and go the correct procedure.

I know people in the past have come over to the US on a tourist visa, got married and AOS and they were succesfull, but now I think it's far more difficult to do so.

Good luck, I'm sure someone else can give a better answer.

These are my favorite kind of answers on VJ

... at least in this case the posting is prefaced by the caveat the OP has no idea or experience in this situation of what the proper procedure is..

this does not stop him from posting the WRONG ANSWER and suggesting the worst possible idea which would inflict the most extreme pain and separation not to mention expense for this couple.... leaving the US and incurring a 10 year bar.

This is why I love VJ.. its like a train wreck... you just cannot keep from looking at it.

[Myopia 93]

These are my favorite kind of answers on VJ

... at least in this case the posting is prefaced by the caveat the OP has no idea or experience in this situation of what the proper procedure is..

this does not stop him from posting the WRONG ANSWER and suggesting the worst possible idea which would inflict the most extreme pain and separation not to mention expense for this couple.... leaving the US and incurring a 10 year bar.

This is why I love VJ.. its like a train wreck... you just cannot keep from looking at it.

[ValerieA 350]

A quick correction - the OP's wife has overstayed less than 30 days, the ban does NOT kick in until the overstay is over 180 days. Still a better idea to stay here and adjust status, though, faster and simpler.

[H1983 1]

What is the date on her I-94?

Edited April 5, 2011 by H1983

[JimVaPhuong 4,863]

The section of 245(i) adjustment is what makes the difference here.

An alien

who was inspected and admitted or paroled into the United States may be

adjusted by the Attorney General, in his discretion and under such

regulations as he may prescribe, to that of an alien lawfully admitted

for permanent residence if:

1. the alien makes an application for such adjustment,

2. the alien is eligible to receive an immigrant visa and is admissible

to the United States for permanent residence,

3. and an immigrant visa is immediately available to him at the time his

application is filed.

You married a US citizen, and therefore have an immigrant visa immediately available to you. Also, if you look at paragraph 10(F) in the )-485 instructions, you fall into the F(1) category.

You can so some searches here on VJ as well, you'll find a ton of people who are adjusting from visa overstay. How long is your overstay, btw? As long as you keep in mind that you cannot leave the US until you have that green card, you will most likely be just fine.

What you've quoted here is 245(a) and not 245(i), and it's not the current version of the law because it doesn't include the VAWA clause that was added in 2005.

Section 245(i) deals with an extension of the Reagan amnesty program. It allows illegals who had a petition filed before April, 2001, to adjust status.

Section 245(a) spells out the minimum requirements for adjustment of status. Section 245(c ) specifically excludes anyone who has not maintained their non-immigrant status or who has worked illegally in the US. Section 245(c ) also makes an exception to these exclusions for someone who adjusts on the basis of being an immediate relative of a US citizen.

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

© 1/ Other than an alien having an approved petition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicable to (1) an alien crewman; (2) 1/ 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)© ; (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.

The exception is found in 245(c ), and not 245(i).