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Thread: Help ! Girlfriend overstayed wants to stay in US

  1. #1
    Guest
    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. #2
    Guest
    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?

  3. #3
    Guest
    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 .

  4. #4
    Guest
    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.

  5. #5
    Guest
    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.

  6. #6
    Guest
    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

  7. #7
    Guest
    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.

  8. #8
    Guest
    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.

  9. #9
    Guest
    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!

  10. #10
    Guest
    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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