Can I still get a green card?
Thanks in advance for your honest answers.
Answer:
Benefits of INA 245(k) for Employment-Based Adjustment of Status Applicants
Employment based AOS applicants in either the first, second, or third preference categories and special immigrant defined at INA 101(a)(27)(C) may adjust status notwithstanding any ineligibility under 245(c)(2), (c)(7), and (c)(8) resulting from unauthorized employment, failing to maintain lawful non-immigrant status, or otherwise violation the terms of a non-immigrant visa, under the following conditions:
1. on the date of filing Adjustment of Status the applicant is present in the United States pursuant to a lawful admission;
2 subsequent to such lawful admission, the applicant has not, for an aggregate period exceeding 180-days
(a) failed to maintain, continously, a lawful status;
(b) engaged in unauthorized employment; or
(c) otherwise violated the terms of conditions of admission.
In other words, employment based AOS applicants and special immigrants as defined remain eligible for AOS even if, since their last lawful entry to the United States, they have accumulated up to 180 days lapse of lawful status, unauthorized employment or other violation of the terms of admission. If you have exceeded your stay for more than 180 days it is up to the District Adjudication Officer's discretion to approve or deny your Adjustment of Status. In my experience many who have overstayed their visas have been granted Lawful Permanent Resident status. So, trust your attorney.
You should trust your lawyer or legal counsel. He will know more than anyone on here, unless they are too a lawyer, and lawyers generally dont give free advice
If you think your lawyer is no good the best thing is to go to your local government immigration office and ask them.They have customer service and are willing to help
People really need to research good immigration attorneys...Your atty obviously just wants your money...You cannot stay and work in this country on a Visitors visa. Thats why it is called a visitors visa to begin with. You must leave the country on expiration of your I-94...once you over-stay, you will start to accumulate bad time, if you leave after over-staying, you will trigger a 3 to 10 year ban from re-entering the United States. They can also revoke your Visa as well. Go back home and wait for for your work Visa approval.
Answer is no. I think you are out of luck.
Consult at least two more lawyers and show them your paperwork- to be on extremely safe side.
Spend some time in finding and talking to at least 2 more attorneys and buy peace of mind.
I think you are already in deep trouble since you have been out of status for 6 months. I think you will have to go back and wait for 3 years.
All visa priority dates are current meaning you can file for I140 and green card right now.
Ask your lawyer to file for adjustment of status. You will find out in three weeks of filing the adjustment of status application.
Also ask your attorney to put the response in writing.
The Immigration information post by website user , MyTend.com not guarantee correctness.
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