Adjustment of Status from a Tourist Visa with Overstay

[Crazy Cat 39,139]

If married to a Legal Resident, wouldn't these apply for her to qualify for Adjustment of Status?

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter12-1.html

 

1. you entered the United States legally
2. you have never been out of lawful U.S. immigration status
3. you have never worked illegally in the United States, and
4. you are immediately eligible to apply for your green card.

Edited June 12, 2021 by Lucky Cat

[SusieQQQ 11,584]

21 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.

If she files this the only thing that will happen is she will end up in removal proceedings.

 

Petitioning her will take 15 or more years and her getting a visa will require her to have left the US for more than 10 years (the bar she will get when she leaves). This is absolutely not an option if she stays in the US.

Edited June 12, 2021 by SusieQQQ

[SusieQQQ 11,584]

2 minutes ago, Lucky Cat said:

If married to a Legal Resident, wouldn't these apply to qualify for Adjustment of Status?

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter12-1.html

 

1. you entered the United States legally
2. you have never been out of lawful U.S. immigration status
3. you have never worked illegally in the United States, and
4. you are immediately eligible to apply for your green card.

Yes, already addressed in the quoted section in the uscis manual section on bars for adjustment. 
She has presumably  been working illegally too btw?

 

 

Edited June 12, 2021 by SusieQQQ

[Crazy Cat 39,139]

2 minutes ago, SusieQQQ said:

Yes, already addressed in the quoted section in the uscis manual section on bars for adjustment. 
She has presumably  been working illegally too btw?

 

 

Oh.... I missed that.  Thanks. 

[Ontarkie 13,884]

~~Moved to General Immigration Discussion, from Tourist Visas - as the OP is asking about a visa overstay self petitioning.~~

[HRQX 4,145]

5 hours ago, SusieQQQ said:

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.

GC through Registry is only for individuals (including illegals) that have been present since before 1972 and meet certain other requirements:

• https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-registry
• https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-4 "statutory provision on registry"

 

*Also why I-485 form is called "Application to Register Permanent Residence or Adjust Status"

Edited June 13, 2021 by HRQX

[SusieQQQ 11,584]

4 hours ago, HRQX said:

GC through Registry is only for individuals (including illegals) that have been present since before 1972 and meet certain other requirements:

• https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-registry
• https://www.uscis.gov/policy-manual/volume-7-part-o-chapter-4 "statutory provision on registry"

 

*Also why I-485 form is called "Application to Register Permanent Residence or Adjust Status"

The post I responded to twice mentioned an “I184” form. I have still never heard of that as it appears to have melted way and morphed into the i485 in the subsequent discussion.

[YYZ&MIA 117]

19 hours ago, JEWELLA said:

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? 

In a scenario where they adjusted status through marriage with a USC, I believe the overstay would be forgiven

[EM_Vandaveer 2,364]

19 hours ago, Jorgedig said:

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.

Realistically, the 10-year ban would most likely be up by the time a visa number becomes available anyway.

Assuming she left ASAP.

[VisaDonnie 54]

On 6/12/2021 at 2:58 PM, JEWELLA said:

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? 

No.....First, you're here illegally. What you should have done was file an I-539 to extend your B1/B2 tourist Visa but you didn't do it. 

1) If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave before any official, formal removal procedures (deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.

2) If you accrue unlawful presence of more than 365 continuous days, then leave prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.

3) If you accrue unlawful presence of more than one year total (in the aggregate, not necessarily continuous), or are ordered removed (deported) from the U.S., and subsequently attempt to enter without inspection (for example, attempt to sneak across the border), then you will be permanently barred from the U.S., with no waiver available except to VAWA self-petitioners. (After ten years, however, you can request special permission to apply for a U.S. visa or green card.)