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#14
10-31-2007, 01:26 AM
Senior Member
From CALIFoNIA!
Joined in Sep 2007
1,261 posts
gsb89
Quote:
Scenario 2: I entered legally, but overstayed.

Entering legally means you came here on a valid visa. Even if you came here with a tourist visa, you are considered to have entered legally. If you came here fraudulently, such as if the tourist visa you came in on was under someone else's name, then you are still considered an overstay. Lucky for you, your process will probably be easier than that of someone who entered without inspection, and you will be able to adjust your status in the US.

Now, if you entered legally, then this process will be fairly easily. There is one exception for if you entered on a J1 student visa, in which case you are subject to a requirement to return to your home country for two years. However, you can waive this with an I-612 waiver, which is like the I-601 waiver above, so scroll up if this applies to you, because I'm not going to repeat myself. Other things that might make you inadmissible would be if you are HIV positive, in which case you must file an I-601 waiver. Like with an entry without inspection, your spouse/fiance must make 125% of the poverty level to sponsor you.

First you need to file your I-130 petition and your I-485. In the I-130 you need to prove that your spouse/fiance is a US citizen or legal permanent resident, and in the I -485 you need to prove that you entered legally and are eligible to adjust your status. You can also an I-765 so that while you're waiting on your Green Card, you can work legally and get an SSN/license/etc.

..how long would it take a person that falls under senario 2 to get their residence.. and all of the above when they get married to a citizen or a resident?
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