C1 visa overstayed ( not a crewman)

Asked 7 months ago - Orlando, FL

came here 2010 has i94 for only 29 days. my only intent is to visit my girlfriend that is 3 mons. pregnant but decided to stay because want to spend life with her and our baby. she just recently got her citizenship and we got married. now id like to apply for adjustment of status. just wanna know if i am eligible? any chance of me getting a legal status.

Attorney answers (4)

  1. Shahzad Ahmed

    Contributor Level 14


    Lawyer agrees


    Answered . Dear Sir, yours is a very important question. The US immigration law does not bar a person in transit with a visa from adjusting status. I have had such clients adjust status, however each case is different and must be evaluated on its own merits. Further, there is a potential issue of your actual intent when you entered. I recommend meeting with an immigration expert about your issue and to discuss your possible solutions thoroughly. Best regards.

  2. Jeffrey Adam Devore


    Contributor Level 20

    Answered . Generally speaking, an alien admitted C-1 as an alien in transit is eligible for adjustment of status and can become a permanent resident without having to leave the United States, assuming he is otherwise admissible. However, under your facts you did not intend to transit the United States, but to visit your girlfriend. Thus, there is a potential visa fraud issue that must be addressed as it can effect your ability to become a permanent resident. Click on the link below for more information.

    Consult with an immigration attorney who is experienced in dealing with C-1 visa issues. He or she can review the facts of your case and advise you the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. Robert Louis Brown


    Contributor Level 19

    Answered . It may be possible. Have a consultation with an immigration attorney and determine if it is possible in your situation.

  4. F. J. Capriotti III

    Contributor Level 20

    Answered . It is not necessary to repeat questions

    Please read my prior response.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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