Green Card application with previous overstayed history

[lkimhan]

What is the name of your state?What is the name of your state? CA

Hi, my wife overstayed in the US under B-2 visa in 1999 for over 1 year. Though, she was admitted to the US after that in 2001 and have since working under a H1-B visa. Now, we are at the Adjustment of Status stage in our green card application through my employer. The lawyer thinks that she might not be granted for her permanent resident because of the 10 years bar that she is subjected to due to her overstay. I have heard that we might be able to pay a penalty for her overstay and that will be fine. Can anyone tell me if that's true? Also, has anyone been through a situation like this?

Thanks, kim

 

[america4ever]

I am NOT an attorney.

Very tricky, because if she was allowed back again and they did not enforce the ban (a 10 year one by the way), they cannot justify to deny her stay.

You didnt mention if you are a US citizen, which makes all easier or just a permanent residency, where situation can be tricky.

If you mentioned you are Adjusting Status to your employer means you might have a H1B?

I have not heard about any penalty payments, and the situation is pretty simple: or they give her stay or not.

If they do, great.

If they dont, you still can appeal.

Many factors go into consideration, like which country you are both from, what is your career, if you dont stay and go back to your home country will you have a hardship?

Never volunteer more information than you are asked on the forms and NEVER NEVER lie to US Goverment.

I good attorney would use the fact that she came back on an H1B without being banned for 10 years as a positive thing.

Even though you have an attorney, try to get a free consultation with a different one, just to have another opinion.

best of luck