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  • Help wanted about visa overstay

    Hello All. My family has over stayed their visitor visa in 1989. We have been living in the states ever since. My grandfather, who is a US Citizen, has petitioned for my parents. That is still 2+ years away. Are there any laws that would allow us to adjust status based on the fact that we did make a legal entry and have been here for 16+ years w/o leaving the country?

  • #2
    Hello All. My family has over stayed their visitor visa in 1989. We have been living in the states ever since. My grandfather, who is a US Citizen, has petitioned for my parents. That is still 2+ years away. Are there any laws that would allow us to adjust status based on the fact that we did make a legal entry and have been here for 16+ years w/o leaving the country?

    Comment


    • #3
      If they were petitioned family based before April 2001 then they can adjust status when the priority date becomes current. Is your grandfather (petitoner) still alive? If not, then they can explore the possibility of substituting him as a sponsor. Ref to this site:
      http://travel.state.gov/visa/laws/te...rams_1396.html
      Good luck!

      Comment


      • #4
        Hi Mary. Thank you for your time. My grandfather is still alive. His petition has a date of Dec. 2000, which is still about 2+ years away. My question was, is there a way to adjust status based on the fact that we came here legally and overstayed, and have not left the country at all?

        Comment


        • #5
          Hi Antivirus !
          As far as I know there is no such a law which would allow adjust status based on what you discribed above with only one exception.

          A person may qualified for pernament residency if he/she lived in US continuously for the past ten years and meets other criteria.Unfortunetly this type of relief is ONLY AVAILAIBLE FOR THOSE WHO ARE IN REMOVAL PROCEEDINGS BEFORE IMMIGRATION COURT.

          Since your family is cover by 245i they can still use employment based adjustment.
          Due to october visa retrogression I would only recommend applying for EB-1 , EB-2 ( EB-2 only if nationality diffrent than India or Mexico) or schedule A occupation if eligible. This would be the only way to speed up the process and get work auth. Hoply this help !!!

          Comment


          • #6
            Thank You Rida. I have BS in electrical engineering for a university her in the US. I also have a minor in math. That my explain my fustration, my friends are making at $50,000 a year, and I am sitting at home. I didnt realize how important this issue was to me until my recent graduation fro college. How would I exactly go about adjusting my status based on my education, legal entry (overstayed visitor visa when came with parents at the age of 7, and been here ever since, currently 23 years old) and not exit for the past 16 years.

            Comment


            • #7
              Hi Again
              How are ya ? I trully understand your position , mine situation is not much diffrent.
              Based on your education you may qualify for EB-2. In this EB2 category, you must have a job offer in the profession for which you are academically prepared. The employer must obtain appropriate labor certification from the U.S. Department of Labor before you can file for adjustment. What is your nationality ?
              Legal entry is ok but it doesnt make you eligible.As long as you cover by 245i you safe and they will forgive your unlawfull presence.You said above your grandfathered petition for your parents back in Dec 2000. Since you are 23 now there is possibility you will not benefit from that petition . You are already aged out and in that case you have to do the process by your own anyway.The good news is that if you were 18 at the time I-130 was filed ,245i still apply to you.It means you are a derivative beneficiary of 245i petition and you can still benefit from it as a principal alien. I`m not a lawyer so you still need to search for a legal advice. You need to get a good attorney. It not easy to find someone like that. Based on my experience I got messed up by the lawyer so be carefull.
              They just want your money and they don`t care what you`ve been thru. I may refere you someone if you live in D.C. area.
              Since you cover by 245i there is no limit to the number of application you may file untill you adjust your status.

              Comment


              • #8
                Thanks Rida. I was 18 when my dad's petition was filed, but as I understand it, the age out age for that is 21. I think that the goverment is going to take a big step with the immigration topic as early as Jan. 2006. Hopefully they come up with something that will help the people already here, and make sure that there arent any loop holes.

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