Hello everyone. I have two cousins and a friend. All of them came to this country legaly, and they overstayed their allowed time. All three of them are now married to US Citizens. and all of them have 2 kids. Now my question is. Can they adjust their status to permanent resident without having to leave the country. The are not under 245i. I'm asking because they are starting the procces and i am affraid that they are going to be ripped of by the lawyer. I understand that if they do leave the country, the 10 year law is going to keep them from comming back anyway.... Am I tottaly off or should they be careful?.
This message has been edited. Last edited by: JustCurious,
If they are married to a citizen and have kids in U.S. then they should be deported. Eventhough they overstayed. No one is perfect in this world. Did they have the babies before the overstay date? If so then its okay. Nothing to worry about. Because the babies are a citizen eventhough the are not.
Well, I am not worried about them being deported but having to leave the country to be able to adjust the status. They had the babies after they overstayed.
JustCurios - Many people with similar circumstences as your relatives and friend have been through the process of adjustment of status (which is done in the US). From the info you provided, your cousins and friend don't have to leave the USA.
BTW, why were they waiting so long to do something about their status (2 children each)?
I find it interesting how the three of them are doing the same things at the same times. Each can now have a consultations with a different lawyer, and afterwards, they can compare notes.
The law is clear regarding aliens who are not allowed to adjust because of their immigration status: "Restricted Aliens: Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J)." (8CFR).
The kids are irrelevant to this provision of the law.
You may want to consult with your lawyer if you need legal help or advice.
we should put a stop to this 'green card by producing brats' process...deport all overstayers without exception...let's not reward visa cheats who enter into sham marriages to try and get a gc.
Hi Aneri, thank you for your answer. What happens is that they where already overstayed by the time they got married. And the truth is that one of them had twins, and the other two are pregnant. but the reason they waited so long after getting married is $$$ as you know the applications are really expensive.
Huston. prdon my ignorance, can you please explain that law so i can understand it. Thank you.
Someone12 get a life. you don't know this people to be expressing yourself like that. Please respect others.
"Restricted Aliens: Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J)." (8CFR).
It means that if a person is an overstay they are not in legal status and they are restricted from adjusting status UNLESS they are an immediate relative or "special" immigrant. These people would be considered immediate relatives. As long as they came in with inspection, have no criminal records, their marriages are bona fide and they can prove it, they SHOULD be able to adjust. There are always exceptions. The paperwork is straightforward. A lot of people file without attorneys or consult with one and then file the paperwork themselves.
thank you very much Still Learning, that is very helpful. I will let them know because i know that the marriages are bonafide and that they have no criminal record.
these lowlifes are nothing but visa cheats, who lied to our embassy officials and border officials, then found some village i d i o ts to marry...ship their scamming a$$e$ back to their own country.
Hey someone12 the only village idiots here are you, the dirtbag and the moronic president that I am sure you voted for.
And maybe I am a village idiot but my wife is beautiful and you're just bitter because you are still f'ing your fist. The proof is all right here - if you weren't such a loner loser you would have something better to do (maybe a woman) than hang around here and insult people.
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