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  • Penalty Fees

    I was wondering..

    Im from mexico got a expired visitor visa, if me and my girlfriend get married do i need to pay the penalty fee of $1000.00 USD so i get my AOS?

    A laywer told me i got to pay that fee..
    INS webpage says no... just if I was entered the country illigaly....

    So whos right? Did i miss something?

    TKS

  • #2
    I was wondering..

    Im from mexico got a expired visitor visa, if me and my girlfriend get married do i need to pay the penalty fee of $1000.00 USD so i get my AOS?

    A laywer told me i got to pay that fee..
    INS webpage says no... just if I was entered the country illigaly....

    So whos right? Did i miss something?

    TKS

    Comment


    • #3
      I do believe if you worked or broke any of the rules you have to pay it..

      Comment


      • #4
        If she is a US citizen I believe you don't have

        to,


        Marlena

        Comment


        • #5
          What you sould have done was checked into filling an extention on the visa that you had BEFORE it expired. If it has been less then 6 months since it expired you may be able to get nother one. If it has been longer, there are restrictions on how long it will take before you can come back.

          I copied a portion of the I-485 supplement that deals with the 245i, and here is what it says...I am sorry but from what this says, yes you have to pay the fine.

          Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?

          You may apply for adjustment of status to that of LPR under section 245(i) if you:

          are physically present in the United States when the application is submitted; and
          have an immigrant visa number immediately available; and
          are admissible to the United States for permanent residence; and
          are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,
          2001; and
          pay a $1,000 fee (unless exempted).

          In addition, the alien must fall within one of the below categories:

          alien crewmen;
          aliens who work without authorization;
          aliens in unlawful immigrant status;

          ALIENS WHO FAIL TO CONTINUOUSLY MAINTAIN A LAWFUL STATUS SINCE ENTRY INTO THE UNITED STATES;

          aliens who were admitted in transit without visa;
          aliens admitted as nonimmigrant visitors under section 212(l) of the Act or under the Visa Waiver Program;
          aliens admitted as nonimmigrant described in section 101(a)(15)(S) of the Act; or
          aliens seeking employment-based adjustment of status who are not in lawful nonimmigrant status.

          Comment


          • #6
            He isn't applying for 245i, you can't do that right now anyways!

            You forgot to read this part of that same page:

            NOTE: There are some groups that may not need to use section 245(i).

            The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status under section 245(a) and does not need to use section 245(i).



            That page is :

            http://www.ins.usdoj.gov/graphics/ho...i.htm#eligible


            Marrying a USC "pardons" an overstay, no fine need to be paid.

            Comment


            • #7
              Very good observation Marie...Thank You, I must admit that I missed that. The 254(a) begs a question you may have more insight on.

              If a crewmember, docked stateside is permitted off the ship for sightseeing, and has a stamp I-95, overstays and latter marries can a 254(a) be used?

              I will go and read the 245(a). Once again, thank you for pointing this out.

              Comment


              • #8
                The crewmen are ineligible for adjustment of status but they can apply for the 245(i).

                That's what I read when I look at the INS pages:

                Eligible for 245(i)
                http://www.ins.usdoj.gov/graphics/howdoi/hdi245i.htm

                Ineligible for AOS:
                http://www.ins.usdoj.gov/graphics/ho...gibility.htm#k

                Right now, you cant apply for 245(i) though.

                That's my opinion only though and how I read those pages.

                Comment



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