Elvira

Now now... (Thanks though - I appreciate the sentiments! )

Yep, I'm pretty smart and I don't mince words BUT I DO NOT GIVE LEGAL ADVICE - just my opinion on what I have learnt here over the years.

I do not think that her overstay and conviction will preclude her from adjusting status. However, they should at the very least have a one-time consultation with an experienced immigration attorney.

There are too many things that they could mess up - a lawyer will spell out the issues and point them in the right direction.

Whether they then want to go ahead and fill in and file the forms themselves is a decision which will be a lot easier once they have acquainted themselves with all the issues and pertinent facts.

Marmalade

Ha, ha...yes, you are smart

I agree; legal advice is definitely warranted in this situation. I would definitely recommend seeing a lawyer to make sure that everything is done properly.

BraydensMummy

I want to at least do a consult visit with an immigration lawyer. I never thought about doing that and I think it's a great idea At least will give me a heads up on what to expect and where to go from here.

Can I ask what route you guys took to be legal in the US? If that's what you did anyhow?

Elvira

People here took lots of different routes. One of the things that makes it seem complicated is the fact that there are so many different forms to fill out, and most forms serve multiple purposes, so people often get confused.

We did our own forms, but we did consult a lawyer for a basic explanation of the process and checking things over - as well as a bit of 'hand-holding'.

(BTW, this thread should really be in the marriage-based forum. Maybe one of the Mods can move it?)

To the OP: If you do a search, you will find lots of threads of people who have been in similar circumstances. Key terms might be AOS, CIMT, overstay.

BraydensMummy

I will look up now for similar experiences.

Oops, I didn't realise this should be in another place. Told you I'm confused

Elvira

One thing to add, because I'm not sure it has quite sunk in: the 'issue' (as I see it*) is not your overstay, and not the fact that you have been convicted of a CIMT.

It is the fact that you did not declare this conviction when entering the US with a Visa Waiver that could complicate things. But IMHO* this is 'fixable'.

* IANAL

meauxna

Try this Guide--just read it through a couple of times and start laying out your forms as they are each discussed.. you will see it start to make sense.

You will have a more productive conversation with an attorney when you have a little advance picture of what is supposed to be happening.. then you can focus your questions for her on the more major stuff, and not form-filling questions.

Guide for Adjusting Status - Including a Concurrent filing of the 1-130

I will move your post over to the marriage-based visa group, since more people deal with your sort of situation there.

BraydensMummy

I didn't realise that I was suppose to mention it. But that is my fault, I should have researched.

BraydensMummy

Thanks for the link, I am reading it now.

Thanks for the moving my post as well

ian-mstm

I understand what you're trying to say, but with immigration, terminology is important. While the status might be considered permanent (although even that is somewhat debatable, since you can lose the status), all green cards (2 year *and* 10 year) are temporary... which is why they have an expiry date.

Ian

Marmalade

My mistake, I meant "permanent" for 10 years. However, I agree that the word permanent is debatable too. You can lose your green card status even if it is called permanent residency for those 10 years. I am well-versed in this as I am a permanent resident.

Elvira

http://www.immihelp.com/visas/i-94w.html

See item 17b.

BraydensMummy

Ahh shit...I guess I put no. If I had put yes they would have questioned me correct? I guess I put no because it wasn't put on my record. But I have been arrested for drunken disorderly as well and still put no I guess.

Folinskyinla

Hi:

The term "illegal" is actually of no meaning when it comes to status. You either have valid status or your don't. And filing an adjustment does NOT confer any type of "status." That said, what DOES happen is that it is the practice of DHS not enforce departure while the application is pending.

BraydensMummy

Excuse me Folinskyinla, I'm sorry to bother you but I was wondering if you could answer a question for me.

Seeing as though I lied on the visa waiver, will I still be able to become a lawful permanent resident?

I'm just thinking about going back to Australia and then my US citizen boyfriend (will be husband soon) can apply for permanent residency there.