Timeline for Overstay in US and married to a US citizen
Current License: CC BY-SA 4.0
6 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Feb 19, 2021 at 19:03 | comment | added | DJClayworth | You may be right. But I would want a lawyer to be sure. Which is why I recommend OP gets a lawyer. | |
| Feb 19, 2021 at 18:54 | comment | added | user102008 | First of all, they are applying for Adjustment of Status in the US, not for a visa. Second, on what basis would they deny it for "haven't complied with previous visas"? If it were a nonimmigrant visa, they could deny it for the generic reason of "failure to overcome the presumption of immigrant intent", but immigrant intent is not an issue for immigrating. | |
| Feb 19, 2021 at 18:52 | comment | added | DJClayworth | @user102008 I said nothing about a ban. But there can still be implications for visa issuance. If you haven't complied with previous visas then they are less likely to grant a new one. | |
| Feb 19, 2021 at 18:49 | comment | added | user102008 | "The problems you have to overcome are many, including: A multi-year overstay" "Overstay" does not by itself trigger a ban, and if there is no ban, it is not a problem for immigrating. There is a ban if they accrue more than 180 days of "unlawful presence" and then leave the US, but the OP was on F1 which are admitted on "D/S", and so do not generally accrue unlawful presence. | |
| Feb 19, 2021 at 15:29 | history | edited | DJClayworth | CC BY-SA 4.0 |
added 57 characters in body
|
| Feb 19, 2021 at 14:57 | history | answered | DJClayworth | CC BY-SA 4.0 |