NOW THIS IS VERY CONFUSING

[MO-MO1974 7]

I overstayed my visa which expired in 2008,had applied for adjustment of status before the visa expired and was denied.had gone through Immigration court and was given voluntary departure.have I-130 approved and just sent the AOS package.this mornign my wife came across this

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa
Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

on http://www.visapro.com/Immigration-Articles/?a=173&z=30

if I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver?

IR1-CR1

this is getting really confusing

Please help

[Nadiab 3]

hello there.. my case is a little bit like yours. i over stayed my visa for almost a year now, but according to my lawyer, if you apply for AOS through marriage (to a USC) the cant charge you a fee or banned you from the country..

thats what i know, of course each case is different and it depends on a lot of thing.. but thats what i know..

good luck!!

[dwheels76 5,463]

I overstayed my visa which expired in 2008,had applied for adjustment of status before the visa expired and was denied.had gone through Immigration court and was given voluntary departure.have I-130 approved and just sent the AOS package.this mornign my wife came across this

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa

Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

on http://www.visapro.com/Immigration-Articles/?a=173&z=30

if I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver?

IR1-CR1

this is getting really confusing

Please help

But you left the country so an AOS doesn't apply to you? Yes overstays are forgiven when marrying a USC.

If I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver? YES

[MO-MO1974 7]

But you left the country so an AOS doesn't apply to you? Yes overstays are forgiven when marrying a USC.

If I had tried to adjust status before my visa expired does it not mean that I escape the visa over stay ban thus no need for a waiver? YES

I had filed for AOS before I left and the process of adjusting my status was what led to me being told to voluntarily leave

[NigeriaorBust 4,087]

You r vis expired in 2008 what date did you apply for adjustment of status ?

[MO-MO1974 7]

hello there.. my case is a little bit like yours. i over stayed my visa for almost a year now, but according to my lawyer, if you apply for AOS through marriage (to a USC) the cant charge you a fee or banned you from the country..

thats what i know, of course each case is different and it depends on a lot of thing.. but thats what i know..

good luck!!

Thabnk you for your response...does anyone know where to find this specific quote.want to ionclude it in my package when sending to them

[dwheels76 5,463]

I had filed for AOS before I left and the process of adjusting my status was what led to me being told to voluntarily leave

What information is it your are seeking? AOS as I said doesn't apply to you since you are out the country. Are you fighting the fact they deported you after denying your AOS which the US government can?.

The issue for you is you may or may not have a ban. Have you seeked an attorney to see if you have a ban which you really won't know iuntil you interview. Your wife can only file at this point a I-130 petition. The waiver comes later.

You need an attorney.

[Blueberry Pancake 311]

As I've already suggested in your other thread... ask Laurel Scott.

Also, that's a great forum for complicated cases- http://immigrate2us.net/forum/forum.php

and read this maybe : http://www.state.gov/documents/organization/87120.pdf

http://www.nolo.com/legal-encyclopedia/why-request-voluntary-departure-instead-removal.html

Did you accrue any unlawful presence?

you say that you overstayed, but filed for AOS before you fell out of status?

It's hard to say anything without knowing the details.

Anyhow, good luck and do consult with a good attorney! (Laurel Scott's chat is tomorrow)

Edited October 8, 2013 by Blueberry Pancake

[MO-MO1974 7]

As I've already suggested in your other thread... ask Laurel Scott.

Also, that's a great forum for complicated cases- http://immigrate2us.net/forum/forum.php

and read this maybe : http://www.state.gov/documents/organization/87120.pdf

http://www.nolo.com/legal-encyclopedia/why-request-voluntary-departure-instead-removal.html

Did you accrue any unlawful presence?

you say that you overstayed, but filed for AOS before you fell out of status?

It's hard to say anything without knowing the details.

Anyhow, good luck and do consult with a good attorney! (Laurel Scott's chat is tomorrow)

Yes I did accrue unlawful presence since I never tried adjusting my status before divorce from my 1st wife.I had filed to adjust status after i re-married and had filed a new I-130 with my wife(USC) but it was denied and then I was placed in removal proceedings.while proceedings were on-going,my new I-130 was approved but USCIS said they would not attend to it till I was done with the immigration court and there I was allowed to go on voluntary departure which I did before it expired.

key points

came into country on K-3 in october 2006 with I-94 to expire in 2008

Did not do adjustment of status cos USC said she was no longer interested in marriage

Marriage got terminated in january 2007

Got re-married to different USC in feb 2007

filed new I-130 Adjustment of Status in july 2007

I-130 was approved in 2007 while we went for interview in january 2008 for adjustment of status which was denied and was immediately put in removal proceedings.

while in removal proceedings,I-130 got re-opened and re-approved by USCIS and classification was changed from K-3 to IR-1/CR-1 and on paper it was stated that they would put application on hold till I was done with immigration court.

please take note of the bolded lines and this is the quote my wife found

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa

Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

based on what is highlighted below,I do believe this qualifies me

[dwheels76 5,463]

Yes I did accrue unlawful presence since I never tried adjusting my status before divorce from my 1st wife.I had filed to adjust status after i re-married and had filed a new I-130 with my wife(USC) but it was denied and then I was placed in removal proceedings.while proceedings were on-going,my new I-130 was approved but USCIS said they would not attend to it till I was done with the immigration court and there I was allowed to go on voluntary departure which I did before it expired.

key points

came into country on K-3 in october 2006 with I-94 to expire in 2008

Did not do adjustment of status cos USC said she was no longer interested in marriage

Marriage got terminated in january 2007

Got re-married to different USC in feb 2007

filed new I-130 Adjustment of Status in july 2007

I-130 was approved in 2007 while we went for interview in january 2008 for adjustment of status which was denied and was immediately put in removal proceedings.

while in removal proceedings,I-130 got re-opened and re-approved by USCIS and classification was changed from K-3 to IR-1/CR-1 and on paper it was stated that they would put application on hold till I was done with immigration court.

please take note of the bolded lines and this is the quote my wife found

(ii) Bar to Change of Status and Extension of Stay as a consequence of Overstaying a Visa

Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

based on what is highlighted below,I do believe this qualifies me

Okay makes a lot more sense. You never Adjusted Status off the original petitioner and remarried thinking you could do it that way. And was denied.

You really really need to seek a lawyer this is a mess and I am not really sure how long a ban you have.

[Blueberry Pancake 311]

Umm, so you started accruing unlawful presence 30 days after your divorce.

At the time of filing for AOS in July 2007, you were already unlawfully present, ergo- >

Persons who remain in the US after their authorized period of stay are not able to extend their stay in the US or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

And seriously- go to immigrate2us.net. You will get much more help there...

[Blueberry Pancake 311]

You really really need to seek a lawyer this is a mess and I am not really sure how long a ban you have.

And a good one...

[MO-MO1974 7]

Okay makes a lot more sense. You never Adjusted Status off the original petitioner and remarried thinking you could do it that way. And was denied.

You really really need to seek a lawyer this is a mess and I am not really sure how long a ban you have.

at worst its the 10 year ban which the waiver will help with but after getting d quote from wife today,i wanted to see if i could by pass that.i have all my efforts poured into the waiver and seeing that over staying your visa is the least of the disqualifying reasons for waiver denial,i have about 70% reason to be optimistic

[Darnell 8,478]

I say chase a spousal visa and apply for the waiver . That's it, really.

[MO-MO1974 7]

I say chase a spousal visa and apply for the waiver . That's it, really.

oh already on spousal visa and I jut sent in the AOS package yesterday,waiting on the next step which I believe is the DS-260 stage which is where I would be needing as much clarity as possible when ticking one of the boxes that takes about ineligibiliy