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JEWELLA

Adjustment of Status from a Tourist Visa with Overstay

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Filed: K-1 Visa Country: Jamaica
Timeline

If someone enters the U.S on a tourist visa and decided to overstayed their visa and remain in the U.S 5 or 6 years. Can they file to adjust their status to permanent resident? Would they be able to petition for themselves or they would a family member to file the petition on their behalf? 


A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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5 minutes ago, Paul & Mary said:

Only if they are married to a USC or LPR (if the priority date is current).

Can they adjust through marriage to an LPR after an overstay?


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: K-1 Visa Country: Jamaica
Timeline
41 minutes ago, Paul & Mary said:

Only if they are married to a USC or LPR (if the priority date is current).

 

No

A family member could petition but the interview would be at a consulate and the lifetime bar that had accrued due to the overstay would have to be overcome.

Usually in these cases there are additional items such as work under a false SSN or claiming to be a USC.

 

Probably time to get a lawyer.

Yeah, am confuse cause that's what I thought. I have a sibling with overstayed. But they were told they could adjust their status on their own after being here for quiet some time by completing the I-184 along with the other documentation. But she would be eligible under Continuous residency  (registry) under the I-184 but when I read it, it doesn't appear that way to me.


A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

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35 minutes ago, SusieQQQ said:

(Note that any prior overstay also makes them ineligible to adjust even if they have maintained status on current visit)

Thanks.  That was my understanding....


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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51 minutes ago, Paul & Mary said:

A family member could petition but the interview would be at a consulate and the lifetime bar that had accrued due to the overstay would have to be overcome.

10 year bar, not lifetime bar.

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Filed: K-1 Visa Country: Jamaica
Timeline
6 minutes ago, SusieQQQ said:

Huh? Where did they hear that? The only self petitioning visas are diversity visa and some employment categories, and none of those allow adjustment after that kind of overstay. (Well some other self petitions exist  but won’t apply to her)

 

PS I have never heard of the form or terminology you refer to and I am sure if that was the case then hundreds of thousands if not millions of illegals would be using this route,

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf


A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

event.png

event.png

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Filed: Country: Jamaica
Timeline
10 minutes ago, JEWELLA said:

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf 539.23 kB · 1 download

There is nothing that she qualifies for within the US unless she is married to a USC or LPR


Phase I - IV - Completed the Immigration Journey 

 

 

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4 minutes ago, Pinkrlion said:

or LPR

after an overstay?


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: AOS (apr) Country: New Zealand
Timeline
22 minutes ago, JEWELLA said:

She send this to me and say base on this she would be eligible to file and after I read it I don't see how it applies to her. I come here to clarify because even though she claim she can petition to adjust her status on her own she asking me to complete the I-130 form which would make me petition her. So am just trying to make sense of things.

 

The requirements are on page 43 of the I-485 that she's referring to. Please see attachment.

 

 

i-485instr-pc.pdf 539.23 kB · 3 downloads

You can petition her.  She needs to go home.  She is out of status, and cannot legally be here while awaiting for the petition to be approved.  She will eventually need a waiver for the overstay.

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Filed: K-1 Visa Country: Jamaica
Timeline
5 minutes ago, Pinkrlion said:

There is nothing that she qualifies for within the US unless she is married to a USC or LPR

I totally agree. I read through USCIS and I don't see anything that makes her eligible. Ultimately it all comes down to be petitioning her which is a lot to ask.


A&J K1 visa Journey

Sent I-129F packet Sat-June 8,2013.

USCIS received 1-I29F Packet Wed-June 12,2013.

NOA1 Notification (email & text msg) and Notice Date Fri-June 14,2013.

Awaiting NOA1 hard copy in mail.................................

Alien Registration Number was changed relating to your I129F, PETITION FOR FIANCE(E) On Thurs-June 20, 2013

NOA1 hard copy in the mail Fri-June 21,2013

I129F, PETITION FOR FIANCE(E) transferred from VSC to TSC On Fri-August 9, 2013

I129F,Petition for FIANCE(E) transfer and now being process at TSC Thur-August 15,2013

Receive Notice of Action Transfer (NOA-T) on Mon-August 19,2013

NOA2 Notification (Email) Wed-September 18,2013

NOA2 hard copy in the mail Tues-September 24,2013

I129F is shipped from USCIS to NVC Thurs-September 26,2013

NVC received approved I129F and assign case number Fri-October 4,2013

NVC shipped I129F to Embassy Wed-October 23,2013

event.png

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Filed: AOS (apr) Country: New Zealand
Timeline
2 minutes ago, JEWELLA said:

I totally agree. I read through USCIS and I don't see anything that makes her eligible. Ultimately it all comes down to be petitioning her which is a lot to ask.

Sibling petitions take around 20 years anyway.

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