Adjustment of Status advice needed

[kdn103]

Hi All,

I have few questions on applying for adjustment of status after overstaying on visitor visa by 4 months.

1. Should I hire an attorney for this case?
2. What forms should be filed?
3. Does one need to file out I-130 when adjusting status?
4. Is there a resource that walks you through on this process?

This is for my Mother-in-law who entered US from India on visitor visa. We were expecting my wife to become US citizen but her N400 case was stuck in FBI name check for almost 18 months. With that being said, my wife has oath scheduled for June 15th so looking for this process now.

Now that my wife is going to be US Citizen, i believe she can petition for her mother who overstayed but since she is considered immediate relative, this should not create any problems. Is that correct?

thanks,
Ketan

[newacct]

There shouldn't be any problems. It's a straightforward case.

1. You shouldn't need an attorney unless you hate filling out forms that much.
2.3. The main forms are I-130 and I-485, and I also recommend filing I-765 for EAD and I-131 for Advance Parole. The latter two are free. Each form has many required supporting forms and documents. Make sure to read the instructions for each form.

[NettieL]

.........i believe she can petition for her mother who overstayed but since she is considered immediate relative, this should not create any problems. Is that correct?

thanks,
Ketan

If she overstayed her visitor visa, that could be a problem.

[scientist2016]

If she overstayed her visitor visa, that could be a problem.

Nope, since she is in the immediate relative to US citizen category. The only requirement in this case is that she be legally inspected in, which she obviously did, while entering the US on her visitor visa.

So, as newacct mentioned, a straight forward case, should not be any problems.

[kdn103]

There shouldn't be any problems. It's a straightforward case.

1. You shouldn't need an attorney unless you hate filling out forms that much.
2.3. The main forms are I-130 and I-485, and I also recommend filing I-765 for EAD and I-131 for Advance Parole. The latter two are free. Each form has many required supporting forms and documents. Make sure to read the instructions for each form.

Thanks newacct!

She doesnt plan on working so i guess i wont file I-765 but I-131 is good just in case she needs to travel.

Also can all of these be submitted in same envelope or within the same time frame?

[newacct]

Thanks newacct!

She doesnt plan on working so i guess i wont file I-765 but I-131 is good just in case she needs to travel.

Also can all of these be submitted in same envelope or within the same time frame?

EAD can also be used to apply for SSN, driver's license, etc. And it's free so there's no harm in applying.

They should be submitted in the same envelope, but try to keep each form's materials separate inside the envelope.

[Walbrzyszanka21]

EAD can also be used to apply for SSN, driver's license, etc. And it's free so there's no harm in applying.

They should be submitted in the same envelope, but try to keep each form's materials separate inside the envelope.

I suggest you do apply for I-765. It is already accounted for in the fee for I-485 and it is better to have it than not.

[kdn103]

I suggest you do apply for I-765. It is already accounted for in the fee for I-485 and it is better to have it than not.

Walbrzyszanka21 and newacct,

thanks a lot for your help. I'll go ahead and move forward with all 4 forms and come back here to ask further questions if any.

For now, once these forms are filed, she would be considered in status right?

[Walbrzyszanka21]

Walbrzyszanka21 and newacct,

thanks a lot for your help. I'll go ahead and move forward with all 4 forms and come back here to ask further questions if any.

For now, once these forms are filed, she would be considered in status right?

I am not sure about her being in status right after you send it and they receive it. I am about to send my forms but I already have DACA (protects me from deportation but also gives me EAD for 2-3 years). I do not believe having DACA puts me in a legal status.

My thought is that once she gets approved for I-765 (work permit or EAD) and the advanced parole that means she can work but that does not mean she is safe from being deported or she is in legal status. That happens after she gets approved for the green card and even then the marriage has to last more than 2 years which I am sure it will if it is a bona fide marriage.

Again, I am not sure if my opinion/answer to your question is valid.

Good luck!

[kdn103]

I am not sure about her being in status right after you send it and they receive it. I am about to send my forms but I already have DACA (protects me from deportation but also gives me EAD for 2-3 years). I do not believe having DACA puts me in a legal status.

My thought is that once she gets approved for I-765 (work permit or EAD) and the advanced parole that means she can work but that does not mean she is safe from being deported or she is in legal status. That happens after she gets approved for the green card and even then the marriage has to last more than 2 years which I am sure it will if it is a bona fide marriage.

Again, I am not sure if my opinion/answer to your question is valid.

Good luck!

What stops ICE from deporting people who overstayed their visit when they apply for adjustment of status? When you submit these forms, they would know where people who overstayed are residing.

Are you talking about marriage between my wife and I? Adjustment of status is being failed by my wife for her mother. My wife is about to become US Citizen based on marriage with me. We been married for 5 years.

BTW good luck with your case!

[newacct]

For now, once these forms are filed, she would be considered in status right?

No, filing an application never gives you "status". But someone with pending AOS can stay in the US regardless of whether they have status or not.