Legal Question in Immigration Law in California

My LPR Father filed I 130 for me on June 19-2015,I 130 was approved on June 19 2015. NVC asked for other documents which we submitted on time. Currently i am waiting for my interview date. Now the situation is that i arrived on b2 visa in feb 2014 and filed I 539 extension which was approved till Oct 2015. Currently i am in USA technically without any legal status. My question is if my NVC interview is scheduled in home country and i go back to home country after i had overstayed, will it be a problem to get the adjustment of status approval.

Asked on 1/17/16, 5:12 pm

3 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

0 users found helpful

0 attorneys agreed

If you accrue 180 days or more of unlawful presence, then you face a bar to re-entry. You need to calculate the number of days between the date your B-2 extension expired & today. I suggest you leave the U.S. asap, as each day you accrue unlawful presence, you hurt your potential for immigrating lawfully (with the exception of marrying a U.S. citizen).

Answered on 1/18/16, 8:09 am

Mark as helpful

Charles Medina Law Office of Charles Medina

0 users found helpful

0 attorneys agreed

You might be inadmissible under the 3/10 years bar rule. We suggest you to consult with an immigration attorney to discuss your options ASAP.

You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

Answered on 1/18/16, 9:48 am

Mark as helpful