Published on Lawyers.com and the Epoch Times on November 29, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
How Can I Get Green Card with Overstayed Waiver Visa (esta) and Lost I-94 Form, If I'm Getting Married With My Boyfriend?
I have overstayed waiver visa for more than 2 years, I came to US 11.2010. And I'm getting married with my boyfriend, us citizen. We both live together and we want to apply for my green card while staying in US. And I have lost I-94 or I-94W form, if I had one, I can't remember filling it in airplane. Is it possible to get my green card with overstayed Waiver visa and lost I-94 form?
Mr. Lee answers:
In order to locate a record of entry, you can file form I-102 for a replacement I-94 or I-94 W with U.S.C.I.S. Once you have that, you may be able to file for adjustment of status through a US citizen spouse. I do note that there has been trouble in the past with adjustment of status for those who came in and overstayed under the visa waiver program, although it is my understanding at this time that U.S.C.I.S. will continue processing cases of this type. You may wish to consult with a local attorney to see what the local practice of the U.S.C.I.S. field office is in dealing with your particular kind of case.
Q&A 2.
Can Someone Who is Out of Status in the US Get F2 Visa?
someone who is out of status here in the US is married to someone who is an f1 visa holder the question is can this person who is out of status and already here living in the US file for f2 (dependent of student) visa ? Is there any chance of adjusting his status and become an f2 visa holder
Mr. Lee answers:
To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.
Q&A 3.
Do We Need to Re-apply If My Fiancee and I Canceled the Immigrant Visa Papers?
My fiancée and I canceled my papers in immigrant visa section. What should I do to reactivate it again or is my case number still in the system? What should I do?
Mr. Lee answers:
If you and your fiancé have already canceled your papers in the immigrant visa section of the consulate or embassy, you would most likely have to go through the entire process all over again starting with filing another form I-129F with U.S.C.I.S. in the States. You would of course be questioned as to the reason why the prior papers were canceled.
Q&A 4.
Can I File Form I-130, I-485 and I-765 All At the Same Time?
Or do we have to file form i130 first then ones we get a form I797 that's when we can only file i485 and i765 at the same time?
Mr. Lee answers:
Filing all the forms together is allowed as long as you entered the country legally or on parole status, and are either filing a non-quota case (spouse, parent, or child under the age of 21 and unmarried of a US citizen), preference case in which the quota is current and you have maintained status, or you have the ability to file a case under §245(i) which is available to those who have had a labor certification application or immigrant visa petition filed on their behalf by April 30, 2001 and were physically present in the country on December 21, 2000. If you do not fit within those categories, you would have to file the I-130 petition first, and then wait for the priority date to clear for the family based category or if not eligible for adjustment of status begin consul processing with the National Visa Center.
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