My question is the following:
Someone came to the U.S. legally, but overstayed his/her visa. Later he/she marries a U.S. citizen, but without 245i, can the person adjust status in the U.S.?
As far as I know, even if you're married to a U.S. citizen, without 245i you can't do much about your illegal status? Am I right?
How does it work?

You are illegal if you entered without inspection.

An overstay is different, you're not illegal, you're out of status.

If you overstayed and marry a USC, you can adjust your status. Your overstay is pardonned.

All the info you need is on the INS site:

http://www.ins.gov/graphics/howdoi/legpermres.htm


Until you file though, you can still be deported for overstaying your visa, married or not.

what about the 3/10 ban Marie ??????
Even if you're married to USC this apply to you non ????

I think 3/10 comes into effect if you leave the U.S.
We are talking about adjusting status in the U.S., so technically you have not left and can't face the 3/10 rule.

Exactly.

Marie:

I have a question. If a crew member comes on shore at port, with a stamped I-95, but overstays. Wasn't he allowed to enter legally? I am just curious.

Crewmember are usually not allowed to adjust their status but I think they can use the 245i when it comes back.

What's your story?

Marie:

My husband left his home cuntry due to the severe econmic conditions there. He obtained a contract with a cruise line in Canada. While at see he came to realize that working as a lower level, new crewmember, is no better then a sweatshop. He was working 16-18 hours a day @ $500 per month. While in port in LA he was allowed on shore, with a stamped I-95, and subsequently overstayed. Now, upon his arrival, and long before I meet him he applied for landed immigration in Canada. We are still awaiting his interiew in Detroit. At any rate, I have already filed for AOS, and we are simply hving to be patient at this point. We have been married for almost a year (December 25th).

At this point I only see two options. 1)wait for 245i to be extended. 2) wiat for his Canadian landed immigration to come through, then file his I485 and a waiver of inadmisability.

One question though, can the cruise line file/pay to discharge him. And what about the I-95, any recourse there.

this is of great concern because I am in Air Force ROTC and will receive my commission December of 93. So we must consider that I may very well be stationed overseas!

Marie,
it seems you know more about AOS. I need direction too. if the person in deportation proceeding and took voluntary departure and NEVER leave the country.what Bar should it be fell into.
Is the person allowed to adjust the status, Ever?
I came legally but overstayed.

Zanna, if he came on a non immigrant crewmember visa, he can't adjust his status.

I'm not sure if there is anything you can do. You may want to consult a lawyer.

Mohan: I don't know anything about removal proceedings, you probably need to talk to a lawyer too.

Sorry :(