Visa renewal, AOS after red flag on B2

[Roel 7,191]

3 hours ago, visaguy82 said:

@KierenHby

 

I doubt ICE will care about a B2 overstay. I'm sure triage takes precedent here with violent criminals aliens being their top priority.

 But they will care about trying to scam US citizen for green card.

[DrEllaNJ 288]

you may or may not want to tell your friend's friend that there's no AOS for fiances/spouses of LPRs, however wealthy and well-connected they may be.

[geowrian 22,336]

10 minutes ago, DrEllaNJ said:

you may or may not want to tell your friend's friend that there's no AOS for fiances/spouses of LPRs, however wealthy and well-connected they may be.

That's not entirely true. There's no visa immediately available, but if in the US when your PD is current, you can still AOS.

[visaguy82 0]

Curious as to what route they (the LPR and the foreign national) would take.

 

It's a tough situation I'm in. I'm fully supportive of my friend who've I've known for a really really long time and she's being supportive of her friend who is the foreign national of topic. But I'm not at all supportive of her friend at all :/

 

On a political side note, I'm in full belief of a diverse America, I'm all for foreign nationals immigrating to America but I believe they have to do it the right way. What this girl is doing is wrong. I think the saddest thing is this kind of thing is a regular occurrence these days.

 

50% of illegal immigrants are visa over stays, all working off the books, all looking to adjust their status somehow. Some do it the right way, some will lie, cheat and steal. I hate to say it... maybe Trump was a good thing 

[DrEllaNJ 288]

@geowrian thanks for the correction, I didn't word it well. yeah it takes about 2 years for an LPR to bring a spouse. She could wait it out and apply for AOS but overstay is not forgiven for spouses of LPR. And she won't be able to work (legally).

But then, it may not be a problem if he's wealthy. And he may become a USC in the meantime.

 

I wouldn't worry too much about friends of friends' lives... Just don't get involved.

[KierenHby 897]

11 minutes ago, visaguy82 said:

Curious as to what route they (the LPR and the foreign national) would take.

 

It's a tough situation I'm in. I'm fully supportive of my friend who've I've known for a really really long time and she's being supportive of her friend who is the foreign national of topic. But I'm not at all supportive of her friend at all :/

 

On a political side note, I'm in full belief of a diverse America, I'm all for foreign nationals immigrating to America but I believe they have to do it the right way. What this girl is doing is wrong. I think the saddest thing is this kind of thing is a regular occurrence these days.

 

50% of illegal immigrants are visa over stays, all working off the books, all looking to adjust their status somehow. Some do it the right way, some will lie, cheat and steal. I hate to say it... maybe Trump was a good thing 

How so? 

 

I'm politically neutral, but there's a lot to be desired wtr our immigration laws; the US tends to be a tad liberal.. with AOS from B2s, not that difficult to cross borders, easy to work off the books in certain areas\industries, etc. 

[visaguy82 0]

@DrEllaNJ - The situation with my friend's friend is simply a microcosm of what's going on in America right now in general. I'm here because ever since Trump's inauguration (I didn't think he was going to win btw) I've been fascinated by what's been going on with immigration reform.

 

@KierenHby - "The US tends to be a tad liberal..." Again I think this was under previous administrations. Curious to see how all this is gonna end with her under Trump's if at all his administration does what they said they'll do.

[KierenHby 897]

31 minutes ago, visaguy82 said:

 - "The US tends to be a tad liberal..." Again I think this was under previous administrations. Curious to see how all this is gonna end with her under Trump's if at all his administration does what they said they'll do.

Well if friend's friend ends up AOSing on a B2 and defrauding a USC, it'll be under Trump.  Adopting a wait n see on promised reforms. 

[f f 725]

2 hours ago, geowrian said:

That's not entirely true. There's no visa immediately available, but if in the US when your PD is current, you can still AOS.

not always true. overstay is forgiven for spouses of usc but not for spouses of lpr. even a visa extention will not help since you still get overstay until it is approved. having one pending means nothing for stopping overstay.

[geowrian 22,336]

Just now, f f said:

not always true. overstay is forgiven for spouses of usc but not for spouses of lpr. even a visa extention will not help since you still get overstay until it is approved. having one pending means nothing for stopping overstay.

Right, but if you have a way to maintain legal status for the period (i.e. other non-immigrant visas), then it applies.

 

Overstay does not accrue while an extension is pending - but the time past the I-94 while pending does count towards overstay if the extension is denied. Either way, a tourist visa is likely not viable (and viable options I'd prefer not to discuss given situation ).

[KierenHby 897]

4 minutes ago, f f said:

not always true. overstay is forgiven for spouses of usc but not for spouses of lpr. even a visa extention will not help since you still get overstay until it is approved. having one pending means nothing for stopping overstay.

NOA1 on a visa extension i539 request grants applicant authorized stay until adjudicated.

[f f 725]

2 hours ago, KierenHby said:

NOA1 on a visa extension i539 request grants applicant authorized stay until adjudicated.

then why does uscis state this on thier website. 

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-12738.html

 

Nonimmigrant extensions are generally simple to adjudicate. Because the benefit sought is short-lived, these applications should be processed as quickly as possible, to ensure the request is acted upon while it is still relevant. Timely adjudication is also important because an applicant is not considered to be maintaining status simply because an extension application is pending [See Matter of Teberan , 15 I&N Dec. 689 (BIA 1976)]. The following actions, in addition to the general steps described in Chapter 10.3, are ordinarily required during the I-539adjudication process:

 

 

[Teddy B 17,251]

10 hours ago, f f said:

then why does uscis state this on thier website. 

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-12738.html

 

Nonimmigrant extensions are generally simple to adjudicate. Because the benefit sought is short-lived, these applications should be processed as quickly as possible, to ensure the request is acted upon while it is still relevant. Timely adjudication is also important because an applicant is not considered to be maintaining status simply because an extension application is pending [See Matter of Teberan , 15 I&N Dec. 689 (BIA 1976)]. The following actions, in addition to the general steps described in Chapter 10.3, are ordinarily required during the I-539adjudication process:

 

 

While a person is not maintaining their former status that they entered the US on when filing an I-539, they are also not considered to be in an illegal or overstay status once their allotted time on their I-94 expires. It's kind of a limbo status if you will. Once the decision on the I-539 is rendered, whether it's approved or denied, the applicant has until the date given by USCIS to stay in the US. Most of the time the I-539 decision can take longer than the actual date of the extension request, so the applicant gets to stay until the desired date anyway.