problem in cp?

[texas]

is any overstay or unauthorized employment prior to april 1, 97 a problem when doing cp. does cp have 245k benefits like aos. thanks

[JoeF]

It always depends for how long it was.
If a person was out of status for over 180 days, leaving the US would trigger a 3 year ban. If a person was out of status for over 1 year, the ban is 10 years.
But as I have said in another post, a person who was out of status at any time in the past is not eligible to file an I-485, so CP is the only option.

[texas]

joef. from what i understand aos is possible as 245k allows adjustment if no violations since last entry for employment based cases. the 3 and 10 year bar law became applicable from april 1, 97. however, not sure if the cut off date is followed in actual.

[JoeF]

Yes, 245(k) could probably apply.
I am not sure if the ban is retroactive.
In any case, for CP, overstays don't matter, as long as they don't fall into the ban categories, and as long as they occured more than 90 days before issuance of the immigrant visa.
In addition, CP is usually faster than AOS (ok, I have a bias because I did CP myself).

[texas]

joef, what do you mean by as long as it occurred more than 90 days prior to interview date

[JoeF]

Re: problem in cp?

As far as I remember, if somebody is out of status, and leaves the US for CP, the person has to wait for 90 days before the consulate can issue an immigrant visa.
I'm not sure, though, if this still applies. I tried to find it in the law, but didn't see it in a quick search.