QUESTION
Do I have to leave the US to file the I-130 petition if I overstayed my visa?
Asked on Dec 29th, 2012 on Immigration - Michigan
More details to this question:
I overstayed a F-1 visa over the 180 days period so I have a 10 year ban above my head. My girlfriend and I (she is a US citizen) love each other very much and would like to get married but I am wondering if once we will fill up the I-130 petition.I will have to go back to France, which is my country of citizenship and wait to be granted re-entry in the USA through the US embassy in Paris? If yes, how long is the process? How long will I have to stay abroad. I also have a class-b misdemeanor for controlled substance in the process of being expunged, will this affect my case?
8 ANSWERS
Don't go anywhere. If you are married, you can file the I-130 AND I-485 at the same time and you will be able to adjust status to permanent residence within the US without having to leave the US. If you do leave before then you will be barred for a period of 10 years, so don't leave.
Answered on Jan 18th, 2013 at 12:50 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should not leave the country. You are eligible to file for adjustment of status even if you overstayed your student status. The 10 year ban only comes into the picture when you depart the US. So as long as you don't leave the country, you can apply for your green card and stay. The entire process only takes about 3 months from start to finish. And there is no penalty when you overstay your visa as long as you are married to a US citizen : ).
Answered on Jan 04th, 2013 at 5:14 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Expungement won't wipe out your conviction for immigration purposes. Depending on the specifics of the controlled substance conviction, it may or may not affect your ability to receive a green card. Do not leave the US. Apply here. You need an immigration attorney. If you overstayed less than a year, the bar is three years, not 10
Answered on Jan 04th, 2013 at 4:58 AM
Rebecca T White
You need to speak with an immigration attorney directly, and have the paperwork related to the substance charge available. But in short, most likely you will be best off remaining within the US and filing the I-130/adjustment application from within the US.
Answered on Jan 04th, 2013 at 4:05 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Once married, your wife can file an I-130 petition for you and you can file an I-485 application to adjust status at the same time. You need not leave the US until the applications are approved, but if you do you should apply for advance parole. The controlled substance conviction could affect your application, so consult with an immigration attorney.
Answered on Jan 04th, 2013 at 3:43 AM
You do not have to leave the US in order to receive your green card through your wife. Your overstay does not matter if you do not leave the US. You should contact an immigration attorney to help you with your situation.
Answered on Jan 04th, 2013 at 3:42 AM
Bruce A. Coane
Generally, no. You can do it all here and if you're in Houston, it takes 2-3 months.
Answered on Dec 31st, 2012 at 3:01 PM
You should not go back to France. If you just overstayed, you should be able to adjust status here. Retain an attorney to know your rights and to help you with the process. This is an important event in your life.
Answered on Dec 31st, 2012 at 2:59 PM