Are there legal ways

[onwa 6]

Problem: Husband's friend entered US 2 or 3 years ago on some type of visitor/conference visa and never left. He is now married and has a child and is wondering what can be done for him to be legal.

I don't need any reminders that he did a very stupid thing. Why people want to go through life with the hassles of illegality is beyond me. However, for the sake of his wife and child, I would like to help him see what options there are for him to become legal.

Thanks.

[LaL 418]

some visas do not allow for adjustment, so you would need to find out what type of visa they entered on.

[onwa 6]

some visas do not allow for adjustment, so you would need to find out what type of visa they entered on.

If a visa doesn't allow for adjustment, could he go back to his country and have a K3 or CR1 filed...with any waivers if needed?

Edited April 12, 2007 by onwa

[j-manu 0]

It would be best that they contact a good immigration attorney.

Best of luck for them both.

[LaL 418]

some visas do not allow for adjustment, so you would need to find out what type of visa they entered on.

If a visa doesn't allow for adjustment. Could he go back to his country and have a K3 or CR1 filed...with any waivers if needed?

probably, but with an overstay involved, depending on when he was supposed to leave the country he may have a 3 or 10 year bar. One can file a waiver.

[onwa 6]

some visas do not allow for adjustment, so you would need to find out what type of visa they entered on.

If a visa doesn't allow for adjustment. Could he go back to his country and have a K3 or CR1 filed...with any waivers if needed?

probably, but with an overstay involved, depending on when he was supposed to leave the country he may have a 3 or 10 year bar. One can file a waiver.

Thanks for the help. I'm already searching, but do you happen to know off hand where you find the info on types of visa that do not allow for adjustment and the rules for a 3 or 10 year ban?

[LaL 418]

does this guy not know what visa he had? i would think it would be easier to find out the visa to see if AOS is possible vs in the reverse.

[Sven 0]

I actually thought u can do the AOS dont matter on what visa you were.....

[The Way it Is 0]

If he/she entered as a tourist/business, prob a B2, just adjust status.

Do not leave the country, no matter what, until green card is in hand.

The only visa classes that come to mind that cannot adjust status are C3 (?) crewman, and A1 (diplomat).

After all folks...

Thats the way it is

[hcj 0]

Transit and crewmen's visas (C and D) come to mind as examples of visas that do not allow for adjustment. Also J visas subject to the 2 year HRR, although a statement of no objection may be sought for that.

[LaL 418]

I actually thought u can do the AOS dont matter on what visa you were.....

there is a whole section even on the instructions stating who is not eligible. there are many that you cannot adjust from.

[hcj 0]

do you happen to know off hand where you find the info on types of visa that do not allow for adjustment and the rules for a 3 or 10 year ban?

See instructions to form I-485 for types of visas that do not allow for adjustment.

3/10 year bar:

180 or more days of unlawful presence = 3 year bar

365 or more days of unlawful presence = 10 year bar

Bars are only triggered when you leave the US, if you don't leave, then there is no bar.

[onwa 6]

Well, I hope they go see a good lawyer. Though those can be very hard to find. When my husband gets home, I'll find out what visa he has. Also, if he did come on a B2 visa, and has been out of status for all this time, are there other waivers/forms that need to be filled too? Keep in mind, I am also googling for the answers, but first-hand knowledge is always good too.

Thanks for all the replies.

[hcj 0]

Also, if he did come on a B2 visa, and has been out of status for all this time, are there other waivers/forms that need to be filled too?

No additional forms or waivers to file. Just don't leave the US before GC is granted.

[onwa 6]

You failed to maintain your nonimmigrant status, otherthan through no fault of your own or for technicalreasons; unless you are applying because you are:

An immediate relative of a United States citizen(parent, spouse, widow, widower or unmarried childunder 21 years old);

I got this from the I-485 instructions. If I read this correctly, then he can apply.

However, there is also this: Your authorized stay expired before you filed thisapplication; as a reason you are not eligible. Seems like the 2 contradict each other.