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Adjustment of status through marriage to a LPR and overstayed

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  • Adjustment of status through marriage to a LPR and overstayed

    Hey Guys I need help.
    I came to the US as a student. I have been in trouble with immigration once but the judge closed my case because it was not my fault.
    I got back in school, graduated and did my opt, got married in May 2015 and opt finished in July 2015. I'm out of status since then.
    My wife is a permanent resident and she filed I 130 for me that was approved with a priority date of September 23 2015. I'm F2A all chargeability.
    Now that USCIS have two charts and stated in the October 2016 bulletin to use the dates for filing family sponsored visa applications instead of the application final action dates my questions are:

    1- should I just go ahead and file for AOS?
    2- Is my overstay going to knock me out from getting a green card?
    3- what's my best option to adjust status without leaving the country?
    HELP PLEASE!!

  • #2
    Thanks everyone for your answers.
    Being unlawful appears to be one of the reasons that makes me not eligible. Now does anyone know if there's a way to adjust status without leaving the country and using the AOS chart on the October 2016 visa bulletin?
    I was told to apply for a waiver, would I still need to go home if it's approved to do consular processing?

    - - - Updated - - -

    Thanks everyone for your answer. I'm trying to find a way to stay here and adjust using the October 2016 visa bulletin. What do you think?

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