my sister i u.s. citizen,my parents will receive paperwork to immigrate-with 10yr green card any minute-right now they still overseas in a process-my mom got it already -didnt wont to leave my dad behind while he's still waitting for his , so they can come TOGETHER, since they are married , it was unneccesery delayed to my father same way it was done to another girlfriend of her famillies, what a COINCIDENCE ! ,not one to 2 of her girlfriends share the same Delay story, they got it after multiple inquairy letters, which is my sister doing now,she wrote a third one already, ins got time to answer - Long time, anyways,i read that i AM eligible to adjust my status since i was admitted as C1 allien -not d1, or some other , is it truth ? btw i am overstayed 20 yrs,no criminal record, plz help!
In general, a person on a C1/D visa should be admitted into the U.S. up to 29 days, while a person on a D2 may stay up to 6 months. Many attorneys seem to agree that C1 visas as particularly strict, and that you cannot apply for a change of status or adjustment of status while on a C1/D visa, even if you are an immediate relative of a U.S. Citizen.
As it sounds like you may have come on a C1 visa, you were likely only allowed to stay 29 days. It also appears that you have overstayed beyond 180 days (you indicate 20 years?). At this stage, it does not seem likely that you can adjust your status. There are some cases wherein a crewman can adjust his or her status under the benefit of section 245i of the Immigration and Nationality Act (INA). However, the deadlines for such amnesty have long-since passed and thus may not apply to you.
Some attorneys believe that where an alien has a C1 visa, was admitted as a C1 alien and issued an I-94, then such alien is “in transit” and may be eligible for adjustment of status. However, it again appears that you may have overstayed this option. You may wish to go home and try for a waiver, although the success of the same is very uncertain. You may wish to consult an attorney to further discuss the details of your case.
Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.
Best of luck.
Andrew John Bernhard, Esq.
Attorney at Law
Miami International Attorneys, P.L.
P.O. Box 191057
Miami Beach, FL 33119
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship nor constitute a legal opinion and may not be relied upon for such purpose.
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