Any similar case?

[jwmurphy]

You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school.

 

Do you and your husband still work for the same company? Have them help.

 

Here is some info concerning a B1 visa.

 

 

Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.

[yixuan]

You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school.

 

Do you and your husband still work for the same company? Have them help.

 

Here is some info concerning a B1 visa.

 

 

Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.

 

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck.

[Randy W]

You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school.

 

Do you and your husband still work for the same company? Have them help.

 

Here is some info concerning a B1 visa.

 

 

Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.

 

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck.

 

 

Your company may be able to sponsor you for a H-1B visa. Talk to your human resources department.

 

If not, this is how I see your case playing out -

 

You are NOT in any kind of serious trouble or hot water. Nobody will accuse you of anything.

 

The die is already cast as to whether you'll be approved for the AOS or not. I think a lawyer for the AOS is a waste of money.

 

Don't do a thing, except prepare for the interview if they schedule one. Assuming you are denied adjustment of status, you will be notified in a letter. The USCIS WILL NOT ASK YOU TO LEAVE. They will simply deny your AOS and leave it at that.

 

Appealing this decision, or going to a regular court would (in my opinion) be a waste of time and money.

 

Once they notice that you haven't left the country, they will mail you a Notice to Appear at a removal hearing. The first notice won't provide a date or time. The second notice will be a notice to appear at the Master Calendar hearing, which will schedule a date for your actual hearing - although I've heard that the actual proceedings can occur at that time, if both sides are ready (including a court-appointed translator, if your English is less than fluent).

 

I was unable to hear any details of the case before ours, but I believe the lady before us was here under similar circumstance to yours - a big over-stay, and wanting to adjust status. She was guilty of what the USCIS accused her of, but the judge ordered them to adjust her status anyway - basically, forgiving her overstay.

 

So, this immigration judge will either order your removal, or forgive your overstay on the visa, and allow you to adjust status. If you are ordered removed, you may appeal to higher courts, or opt for voluntary deportation.

 

So, don't talk to a lawyer about the adjustment of status - talk to one about immigration court, the removal proceedings and what that might do for you.

[yixuan]

You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school.

 

Do you and your husband still work for the same company? Have them help.

 

Here is some info concerning a B1 visa.

 

 

Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.

 

Thanks Jwmurphy. we used to work for the same company and they are still willing to hire me. But the problem is I can't be hired legally without EAD, and I am not eligible to apply for EAD unless I filed AOS. So I am kind of stuck.

 

 

Your company may be able to sponsor you for a H-1B visa. Talk to your human resources department.

 

If not, this is how I see your case playing out -

 

You are NOT in any kind of serious trouble or hot water. Nobody will accuse you of anything.

 

The die is already cast as to whether you'll be approved for the AOS or not. I think a lawyer for the AOS is a waste of money.

 

Don't do a thing, except prepare for the interview if they schedule one. Assuming you are denied adjustment of status, you will be notified in a letter. The USCIS WILL NOT ASK YOU TO LEAVE. They will simply deny your AOS and leave it at that.

 

Appealing this decision, or going to a regular court would (in my opinion) be a waste of time and money.

 

Once they notice that you haven't left the country, they will mail you a Notice to Appear at a removal hearing. The first notice won't provide a date or time. The second notice will be a notice to appear at the Master Calendar hearing, which will schedule a date for your actual hearing - although I've heard that the actual proceedings can occur at that time, if both sides are ready (including a court-appointed translator, if your English is less than fluent).

 

I was unable to hear any details of the case before ours, but I believe the lady before us was here under similar circumstance to yours - a big over-stay, and wanting to adjust status. She was guilty of what the USCIS accused her of, but the judge ordered them to adjust her status anyway - basically, forgiving her overstay.

 

So, this immigration judge will either order your removal, or forgive your overstay on the visa, and allow you to adjust status. If you are ordered removed, you may appeal to higher courts, or opt for voluntary deportation.

 

So, don't talk to a lawyer about the adjustment of status - talk to one about immigration court, the removal proceedings and what that might do for you.

 

Hi Randy, according to the officer at the Infopass interview, I am not allowed to enter the country with my B-1 visa after the marriage and also I am not allowed to leave once I got in because my visa is no good anymore. So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa. I will check into the immigration law to see whether I can find anything. As you suggested, I may also check with my company too. So if I am denied by USCIS, I don't even have an interview but a denail letter notice?? How does that work?

I read your son had the Master Calender Hearing, is he allowed to stay legally in US after that?

All of these new issues can keep me busy for a while. It sounds no need to complain about the delay of my EAD anymore.

[Randy W]

 

Hi Randy, according to the officer at the Infopass interview, I am not allowed to enter the country with my B-1 visa after the marriage and also I am not allowed to leave once I got in because my visa is no good anymore. So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa. I will check into the immigration law to see whether I can find anything. As you suggested, I may also check with my company too. So if I am denied by USCIS, I don't even have an interview but a denail letter notice?? How does that work?

I read your son had the Master Calender Hearing, is he allowed to stay legally in US after that?

All of these new issues can keep me busy for a while. It sounds no need to complain about the delay of my EAD anymore.

 

 

Yes - it is conceivable that they might approve the AOS at the interview, but whether you have an interview or not, a denial would result in the letter (only) - no request to leave the country or anything like that. The Master Calendar hearing simply gives you a date for the actual hearing. The hearing determines whether you can adjust status, or can voluntarily leave the country. Ours is on Nov 15.

 

The USCIS' position is that our son no longer had permission to stay, as of Feb 28 of this year (when his visa expired) - this completely ignores the AOS process. So the immigration court is the best place to sort out the particulars of his case. I am guessing that it will be for you, also.

 

For both your case and his, nobody is asking you to leave. The immigration court hearing is the first place that that might happen.

[david_dawei]

So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here?

 

 

I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07.

[Randy W]

So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here?

 

 

I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07.

That is all she could have done in order to avoid leaving or going underground/illegal.

Edited August 14, 2007 by Randy W (see edit history)

[jwmurphy]

I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa.

 

I have not seen a regulation that state a B1 is invalid once you get married. An issue visa is good until it expiration date reached. I still think you should contact your company and have them sponsor you with an H-B1 work visas and try to get your green card. This way there are no violation.

 

Jeff

 

So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here?

 

 

I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07.

That is all she could have done in order to avoid leaving or going underground/illegal.

[yixuan]

So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa.

I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here?

 

 

I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07.

 

Davis, sorry for the confusion. What I mean is taht according to what the Infopass officer said, my visa is no long valid after I married to a US citizen. Sounds so strange? I think so too. So my secon entry is kinda illegal and that is why I can't leave the country. Therefore, what Can I do? Visa extension? Apply my I-130 and AOS here? Nothing seems right. So, I am confused by the law too.

So, what I did is as I stated handed in I-130 and then AOS package.

[yixuan]

I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa.

 

 

Hi Jeff, I think I need to prove to USCIS that I came in the second time for AAR training, invited by my company. They can prove that. Instead of intend to stay when first coming in, my husband and I thought it might be right thing to apply I-130 and AOS here, without knowing the fact that my visa is already invalid.

[jwmurphy]

I still would ask them for the reference to the regulation that states your 1B visa is no longer valid.

 

My understanding of your situation is this.

 

You and your husband came to the US on business. While you were here you got married but did not intend on staying in the US. You then went back to China to live

 

Do to health reason your husband was forced to come back to the US. After being sepparated you decide to go to the US since you had a valid 1B visa with multiple entries. Once you got to the US you applied for an AOS. At that time you were told your 1B visa was no longer valid and you were not eligible to apply for AOS. Correct? Ask the person who told you your 1B visa was no longer valid what the reference is to the regulation that invalidates your visa.

 

I still think you came in legally. I don't think you have done anything wrong except apply for an AOS. I don't know if you over stayed your visit.

 

You are eligible to apply for any non-immigrating visa. An H-1B would allow you to stay in the US as long as your company sponsors you. If you stay long enough you can apply for a green card with the help of your comapny.

 

Jeff

 

I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa.

 

 

Hi Jeff, I think I need to prove to USCIS that I came in the second time for AAR training, invited by my company. They can prove that. Instead of intend to stay when first coming in, my husband and I thought it might be right thing to apply I-130 and AOS here, without knowing the fact that my visa is already invalid.

Edited August 15, 2007 by jwmurphy (see edit history)

[Randy W]

The B1 does not seem to be an issue. Whether she is legal or illegal, she is still in the same boat of trying to adjust status.

 

I agree about the H1B, but be sure to disclose your present situation.

 

Our company hired someone whose student visa expired before the H1B came through. They sent him to work out of a hotel in Beijing until it was approved.

[jwmurphy]

Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.

 

Jeff

 

The B1 does not seem to be an issue. Whether she is legal or illegal, she is still in the same boat of trying to adjust status.

 

I agree about the H1B, but be sure to disclose your present situation.

 

Our company hired someone whose student visa expired before the H1B came through. They sent him to work out of a hotel in Beijing until it was approved.

[yixuan]

 

 

I still think you came in legally. I don't think you have done anything wrong except apply for an AOS. I don't know if you over stayed your visit.

 

You are eligible to apply for any non-immigrating visa. An H-1B would allow you to stay in the US as long as your company sponsors you. If you stay long enough you can apply for a green card with the help of your comapny.

 

Jeff

 

 

What I was told is that I entered legally to some extent, because I had been searched at the customs and permitted to get in, but my visa was not valid, so it turned out not legal. The Infopass officer also said what I should do is to apply AOS without doing the I-485 A ($1000 fine). So I did what she said. As to overstay, my B-1 visa was invalid after 8/8/2007, but since I applied for I-130 and AOS, which allowed me the legal stay after the expiration of my visa, I think. And that is why I applied for I-130 as soon as I can. I was worried my overstay.

[Jeikun]

Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.

 

Jeff

 

 

 

My reply is Off-Topic, but that statement is not true. If someone is here legally on any visa they can apply for AOS.

 

For example, my ex-wife was here on a student Visa, and after we married we applied for AOS.

 

The issue is if you violated the intent of the visa. If someone gets a tourist visa, and just uses it to get married that is looked at as misusing the visa and AOS could be denied. If they come on the same tourist Visa for a 6 month stay and after 4 months fall in love with someone and get married in Vegas... that is NOT a misuse of the visa, and AOS is no problem.

 

Yes, it is subjective. But they tend to be lenient unless it is obvious misuse. And even then, if they pay the $1,000 fee, they tend to still be lenient (though there are horror stories out there).

 

Exceptions would be K-1 (can only apply for AOS after marriage to the beneficiary), and Visa waivers (can't apply for any kind of visa or extention). There may be other exceptions, but by and large it is no problem.