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Help ! Girlfriend overstayed wants to stay in US

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  • Help ! Girlfriend overstayed wants to stay in US

    Can anyone shed light on change of status through 245(i) for someone who overstayed ? Its 2 years. Can she apply for change in status without getting into trouble? She has no I-94 card. Is it possible to apply for an EAD without going through the foreign labor cert process? I can get her a job, and she wants to stay but is very afraid of getting caught and sent home. Is adjustment of status through this way possible? Anyone who can shed some light on this for me would be greatly appreciated. I can't afford a lawyer right now, is there a way to go about this?

  • #2
    Can anyone shed light on change of status through 245(i) for someone who overstayed ? Its 2 years. Can she apply for change in status without getting into trouble? She has no I-94 card. Is it possible to apply for an EAD without going through the foreign labor cert process? I can get her a job, and she wants to stay but is very afraid of getting caught and sent home. Is adjustment of status through this way possible? Anyone who can shed some light on this for me would be greatly appreciated. I can't afford a lawyer right now, is there a way to go about this?

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    • #3
      245i is currently not in effect.
      As she overstayed more than 180 days she is subject to a 10 year ban .

      I advise to talk to a lawyer .

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      • #4
        I know the drill, but is there a way that she can get status adjusted even though she overstayed ? The statutes are very vague and confusing, one way indicates its possible, another makes me think no. I'm just trying to get some answers from people who might have been in this situation before.

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        • #5
          Did she enter the U.S. illegally? If yes then no she cannot adjust her status here. Otherwise it's possible; for example through (good faith) marriage.

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          • #6
            Thats not true, even if you enter legally and have marriage in good faith, still its very tough to adjust staus, if not impossible. Law is so confusing that you can't determine, just like that. I an the living example.. have two born citizen kids too. so the best thing is to talk to lawyers who deal(speclized) with deportation

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            • #7
              She came here on a visitors visa. She thought she could stay as long as her visa was valid. (10 years) WRONG! From what I understand the only way for her to stay (or be able to leave and come back) is for her to marry me and we can apply to get her status changed. I am a USC, so the visa number is no problem. Does this take along time ? If this is the way to go can someone please comment. It would be a good faith marriage, we live together, and are very much in love. I don't want to lose her.

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              • #8
                If you decide to get married you can adjust status afterwards. Her overstay will be pardonned.

                There might be horrorstories out there that it is difficult to adjust status after marriage but those are most cases of fraudulent marriage.
                If it is in good faith you have nothing to worry about.

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

                Check out this link to see what you need to do.

                Good luck.

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                • #9
                  I don't know how difficult it would be to adjust status within the USA after marriage... however from my own experience, I highly recommend that you get married within the USA and try to stay within the USA. If at any point she leaves the country the situation will become more complicated!

                  Good Luck!

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                  • #10
                    From what I've read we can get married and change status to conditional permanent resident (2 years) and then have the condition removed after that. She wants to go and visit her mother, but I told her last night that if she goes she can't come back for 10 years. She wants to stay here and be able to go back to visit at least once or twice a year. How long does this process take to change status ? A month, 3 months, a year? I am asking this b/c she will need a travel waiver to go home and get things in order after we get married.

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                    • #11
                      Read the link in my previous post.

                      An AOS can take up to 2 years. She can also apply for a Traveldocument which take up to 90 days to get approved after filing. But it is not recommended to do this.

                      Try to find out how her embassy can help you with peperwork so she might not have to go back.

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                      • #12
                        Mickey, regardless of what some of the jailhouse lawyers have told you in this email stream, your situation is actually the easiest to resolve, so long as your girlfriend made an inspected entry. If she lost her I-94 that is no problem, a replacement I-94 can be applied for. I assume you have physically seen her B-1/B-2 Visa and the red entry stamp INS puts in the passport upon entry. If you have not seen these, you have not done your homework. So long as she made an inspected entry and marries a U.S. citizen she is exempt from the provisions of INA 245(c). I suggest you hire a competent lawyer (no "consultants") and just get your dilema solved. Our office charges $1,250.00 plus INS filing fees, which in your case would be about $545.00. I do not say this in an attempt to generate business, but to give you some perspective on what is a reasonable fee. Good luck . . . well, luck has nothing to do with it, good judgment has everything to do with it, and good judgment includes getting competent legal advice to avoid the type of situation as is expressed by some who applied to this email string above, who have obviously had no "luck".

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                        • #13
                          The answer is no. Nothing can be done. You have worn out your welcome in the USA by overstaying and by entering with out inspection. There simply is no relief available.

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                          • #14
                            Thanks Intecon. She has the stamp, I've seen it when we went to Vegas in August, she just doesn't have an I-94. Its definitly expired though. She came here in Aug 2000. I originally met her in Feb 2001. As for the length of time for an approval of this nature does it take 2 years like the previous post mentioned? That seems crazy, I am a USC, and can get a number right away, correct? I am willing to use a lawyers services, where are you located? 2 years is a long time, she needs to go home and visit. If an application is pending, can a travel doc be issued, so that she can reenter? And b/c she overstayed, is that a reason to deny a travel doc? I want her to go home to visit, and I will join her, but I don't want her to get banned for 10 years.

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                            • #15
                              May I note that if your friend is out of status for more than 179 days and she leaves the country she will be subject to a 10 year ban.

                              Even if you have a traveldocument.

                              I think intecon, as a lawyer, should have pointed this out.

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