Если просрочена виза J1

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Если просрочена виза J1

Hi. I have a question about how to legalize in the USA if you overstayed a J1 visa.
My story. I came a second time in 2012 to the USA. I live in NYS. When my visa was getting expired I was trying to change it to F1, but later it was rejected. So I stayed and was working and paying taxes. Currently, I have a child here and got married this past August ( Green card holder). My husband is not rushing to help me with documents. So, I was wondering what are other options? I heard today on video that Rubric posted that Biden wants to help to legalize illegal people and they have to pay $10000. Is it true? Or this is still undecided?

And one more and last question, if to file for VAWA, are there risks for the abuser when he files for citizenship?

Please, give me advice! Thank you!

Татьяна Эдвардс

Good afternoon!

You have many questions, so I recommend you schedule a consultation with an experienced immigration attorney to go over all of your concerns in detail. You will not benefit much from filing adjustment of status now, while your spouse is an LPR. You will not be able to legalize based on very strict requirements placed on the spouses of LPR's, rather than USC's. However, filing an unlawful presence waiver I-601 is possible. You second option is to wait until your husband becomes a U.S. citizen (USC). Third option: you can also file VAWA application is he is an abuser. And most definitely, it will affect his good moral character determination when he applies for his citizenship. Finally, you may be able to take advantage of Biden's legalization plan, which, however, may be years away.

And if Biden-Harris administration reinstates old section 245(i) of Immigration and Nationality Act (INA), then indeed applicants for AOS like yourself will be able to get legalized even if overstayed, by paying extra $1,000. However, this amount was in effect before 2001, so don't be surprised if it will now become much higher (I project it could be as high as $3,000), so the price of the U.S. lawful residency may jump to the total of $6,000, not including the attorney fees.

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