Visa Interview

[Ozzsp250]

As a green card holder, I petitioned with a i-130 for my wife to become a US resident, this was in August 2012. She was in the US at the time and an attorney I retained said for her to remain in the USA while the process works its way through the system. She is finally getting an immigration visa interview however it is scheduled to be held in Fiji her country of birth although she left with her parents prior to her first birthday and is not a Fijian citizen and never been a resident.

I have concerns that her i-94 expired Dec 2012 and we were told by USCIS to get an extension prior to it expiring which my spouse did apply for. However the attorney said the i-94 extension application and the existing i-130 contradict each other and he had the extension application withdrawn. He stated that while the i-130 is active my spouse can (and must) remain in the USA otherwise she voluntarily deserts her request to become a resident.

After the i-797 was issued a i-260 was filed and the process moved in the NVC and hence slowly through the system.

Now that she must leave for the immigration visa interview I have concerns as I been told for all intents and purposes she is an over-stayer**************...this is not what the attorney said but I have concerns. Is there anywhere to find written information that she was permitted to stay knowing she had no legal status?

Thanks

 

[t74]

Have you naturalized or are you still a permanent resident? Your status is important; overstays are not "forgiven" for spouses of PRs while they are for spouses of citizens.

Did you use an immigration law specialist? You really need to consult an immigration attorney if you are not yet a citizen because an overstay exceeding 1 year is a 10 year ban from entry into the US.

 

[Ozzsp250]

Have you naturalized or are you still a permanent resident? Your status is important; overstays are not "forgiven" for spouses of PRs while they are for spouses of citizens.

Did you use an immigration law specialist? You really need to consult an immigration attorney if you are not yet a citizen because an overstay exceeding 1 year is a 10 year ban from entry into the US.


Responses:
I'm still a PR and did have an immigration attorney working through the system with me. Once it passed through the USCIS system and a i-797 was issued he stated I could continue through NVC as it was time consuming but straight forward. The USCIS and the NVC know my spouse is in the USA and communicate with her directly as well as copying me, there is no way to disguise it. The attorney involved stated she must not leave the USA unless she wanted to abandon the i-130 process.

 

[t74]

She will be unable to become a permanent resident at this time due to her overstay and ban. Unfortunately, her illegal presence limits her options greatly.

You need to again discuss with your attorney how you will need to proceed once you naturalize.

 

[Bay1954]

Maybe

She will be unable to become a permanent resident at this time due to her overstay and ban. Unfortunately, her illegal presence limits her options greatly.

You need to again discuss with your attorney how you will need to proceed once you naturalize.

I did not read the whole thread but there are waivers..That being said, I do agree with the previous post. In my opinion, you should seek out an attorney or a non profit law agency to assist you in this matter.

 

[Bay1954]

There are Waivers.

Have you naturalized or are you still a permanent resident? Your status is important; overstays are not "forgiven" for spouses of PRs while they are for spouses of citizens.

Did you use an immigration law specialist? You really need to consult an immigration attorney if you are not yet a citizen because an overstay exceeding 1 year is a 10 year ban from entry into the US.


Responses:
I'm still a PR and did have an immigration attorney working through the system with me. Once it passed through the USCIS system and a i-797 was issued he stated I could continue through NVC as it was time consuming but straight forward. The USCIS and the NVC know my spouse is in the USA and communicate with her directly as well as copying me, there is no way to disguise it. The attorney involved stated she must not leave the USA unless she wanted to abandon the i-130 process.

Albeit must have an argument.

 

[OHRoadwarrior]

Waivers are granted for those spouses of US citizens, not PRs'.

 

[OHRoadwarrior]

Please cite the Federal Immigration Code section for the waiver OP needs.

 

[prakash rajasek]

Approach a Law consultant

Always try to approach a law consultant before the visa expiry date without forget. Many people makes this mistake often. if you consult with an immigration law expert he can guide you and take the best possible opportunity with his expertise. If not you care about the visa expiry date, definitely, you have to face complex consequences of USCIS. Try to get communicated with immigration advisor before its too late.

 

[FlyingRon]

Please cite the Federal Immigration Code section for the waiver OP needs.

Well, you're both partially correct. The waiver of inadmissibility to get a green card is limited as OHRW says to immediate family of CITIZENS only.

There are other waivers for other reasons, but it appears that none of those apply to this situation. Wanting to come here to live because another family member is admitted is not an URGENT condition that mandates the waiver.

 

[PaulMass]

The waiver of inadmissibility to get a green card is limited as OHRW says to immediate family of CITIZENS only.

Hopefully OP went back to his attorney for correct advice and didn't rely on the bad information received here.

 

[OHRoadwarrior]

You keep talking but have yet to provide the immigration code you claim says OP is able to get the waiver.

 

[lisaanderson05]

Your attorney gave you completely incorrect advice that has seriously impacted your wife’s status. She is in fact out of status and accruing unlawful presence. Your wife cannot leave the country or she will be subject to the 10 year bar. There does not seem to be any waivers available in your case either. Under section 212(a)(9)(B) of the Immigration and Nationality Act, inadmissibility waivers for overstay/unlawful presence accrual is only available to the spouse, children and parents of US Citizens.
You must go see a QUALIFIED/COMPETENT attorney who can try to advise you correctly because it is clear your current attorney is either not really an attorney (have you seen his or her degree and license?), has no idea what he or she is doing, or you have misinterpreted what he or she said.

 

[FlyingRon]

OK, tell me what waiver she is eligible for that will even allow entry, let alone permanent residence?