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Lawyer Advised Friend To Leave USA

By LnS in General Immigration-Related Discussion

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LnS Explorer

LnS   1

Posted
Filed: Country: Russia
 Timeline
Posted (edited)

Hi I have a friend whose wife will be a US citizen soon. My friend has been living in the USA illegally since his visa expired a few years ago. He told me that his lawyer told him that when his wife becomes a citizen, she can get him residence and then he'll need to go back to his country, sign some papers and then come back to the USA. I told him that I thought I'd always heard (or read here) that the person shouldn't leave and to just stay in the USA and file within the USA. The lawyer said the law has changed recently or something. Is this lawyer correct?

Edited by LnS
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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

i'm leaning towards no.

ask for house bill #, then we can xref the law.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Boiler Grand Master

Boiler   43,434

Posted
Filed: K-1 Visa Country: Wales
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Posted

Ohhhh yes

“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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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

am I correct that leaving the USA would result in a big mistake for him being that he's overstayed his visa?

If he left the USA, he would be subjected to a 10 year ban.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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ceadsearc Proficient

ceadsearc   515

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Unless you're mistaken and he actually entered without inspection, he shouldn't leave since he will be able to adjust in country.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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aaydrian Proficient

aaydrian   479

Posted
Filed: F-3 Visa Timeline
Posted

With an I-194 for the last time he entered the US legally (using his visa) your friend can adjust status (doesn't have to leave the country).

Without I-194 showing that your friend didn't enter the US legally (with inspection) he will have to leave the US, trigger a ban, wait out the ban, the wife petitions for her husband, deal with waivers then take it from there.

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SOflaherty Explorer

SOflaherty   40

Posted
Filed: Other Country: Ireland
 Timeline
Posted

With an I-194 for the last time he entered the US legally (using his visa) your friend can adjust status (doesn't have to leave the country).

Without I-194 showing that your friend didn't enter the US legally (with inspection) he will have to leave the US, trigger a ban, wait out the ban, the wife petitions for her husband, deal with waivers then take it from there.

Actually, due to changes that are about to go through, even with EWI he'd still be better off staying. Policy is changing and they are about to start allowing people who EWI'd stay in the country while their I-601 waivers are being processed. Should be in effect by fall.

Our Journey

6/6/2007 Met online

12/05/2007 Realized I was nuts about him!

01/19/2008 Confessed...and he felt the same <3

05/01/2008 Met in person in Chicago

5/2008-5/2010 Umpteen visits between Ireland and US

6/19/2010 Got married!

04/06/2012 Finally able to send paperwork for AOS!

(Day 1)04/11/2012 Papers arrived at Chicago lockbox and signed for.

(Day 3)04/13/2012 Email confirmations!

(Day 7)04/17/2012 NOA hard copies received.

(Day 10)04/20/2012 Biometrics appt received for 05/07/2012

(Day 27)05/07/2012 Biometrics

(Day 65)06/15/2012 EAD approval email

(Day 69)06/19/2012 Interview notice!!! 07/24/2012!!

(Day 75)06/25/2012 EAD arrives.

(Day 104)07/24/2012 Interview in Atlanta....Approved!!!

Expecting a baby boy 8/9/2013!

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Ok I thank you all for this confirmation. Now I just have to convince my friend that the internet is more reliable than his lawyer. I think that's not going to be easy.

Have him ask another attorney for an opinion.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

Is there any reason why a lawyer would just make something like that up? Either way, (assuming there is no new law), am I correct that leaving the USA would result in a big mistake for him being that he's overstayed his visa?

If he entered legally on a US visa, and his wife is about to become a citizen soon, I cannot think of a single reason why he should leave.

If he entered illegally and/or his wife is a long way from becoming a citizen it would make more sense, although with possible policy changes later on this year, he'd might even be able to stay while the I-601 is processing.

Edited by jaejayC
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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Agree with what everybody has stated. Don't leave the US.

What is this impending new policy though? Someone needs to post more details as I am very curious :)

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Agree with what everybody has stated. Don't leave the US.

What is this impending new policy though? Someone needs to post more details as I am very curious :)

Which new policy? The one the OP's friend's lawyer was referring to, or the one SOflaherty was referring to?

I think the OP's friend's lawyer was trying to pull a rabbit out of his hat. I don't think there really is any impending new law or policy change that would prevent his friend from adjusting status after his wife becomes a US citizen. I think the attorney is fishing for ways to maximize his fees.

The new policy SOflaherty was referring to has to with how I-601 waiver applications are processed. Currently, a beneficiary of an immediate relative petition who is inadmissible must submit an I-601 waiver application after their visa is denied at the interview. It can take months for the I-601 to be adjudicated. Aliens who are currently unlawfully present in the US are put in a difficult position. If they aren't eligible to adjust status (for example, if they entered without inspection) then they must return to their home country for the visa interview, which would be denied. Then they have to submit the I-601 and wait and hope that the waiver is approved. When the new policy goes into effect they will be able to submit an I-601A waiver application while they're still in the US. Once the waiver is approved then they can leave the US and go to the visa interview. If the waiver isn't approved then they have to decide what to do, because they won't be able to get a visa if they leave the US.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

What is this impending new policy though? Someone needs to post more details as I am very curious :)

The first link is the proposal by USCIS, the second link is an announcement that the propoasal is not in effect:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95356a0d87aa4310VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e954bb09ef4a5310VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Very interesting! Thanks for the explanation and links !

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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