I have an O-1 Visa and I am legally in the U.S. However, because of a previous slight overstay I received a 3 year ban, but I received a 1 year waiver on that, which is why I was allowed to re-enter legally in the US after I received the ban and consequently the O-1 visa.
My question is: If I apply for a Green Card as an alien of extraordinary ability (for which I know that I qualify for) does the ban seize to exist as soon as I get approved for the Green Card (adjustment of status)? Also, does the ban affect the EB-1 application? I would like to point out again that I am now legally in the US with an O-1 visa and a 1 year ban waiver. The ban waiver ends in October, which is why I want to apply for the Green Card and have my troubles over.
You will probably need a waiver to immigrate.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You will likely need an i-601 waiver for the 3 year bar. In order to qualify for a waiver of this bar, you must have a qualifying relative. For example, you must have either a parent or spouse who is a US Citizen or LPR who is able to show that this person will face "extreme hardship" if you were to be barred for 3 yrs. I do not know of any other waiver (other than through a qualifying relative) that would assist you in this case. However, if you are applying for another non-immigrant category, you may request a non-immigrant waiver without a qualifying relative (as you have done).
Dhenu Savla, Esq.
Meet with an attorney ... you probably need a waiver.
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
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