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What is the difference between Overstay , Out - of - Status or Unlawful Presence . How can that affect my application for AOS ?

Atlanta, GA |

- I was on J - 1 but not exposed to any 2 years barter until September 2012 , I worked 1 year - I date my girlfriend since 6 months - I left USA in September 2012 and decide to apply for 1 VISA study English - In October 2012 I came back in USA F - 1 visa and live with my girlfriend - My D / S expired in February 2012 and May 2012 with Grace Period and my student visa in passport is valid until 2016 - Until now I live with my girlfriend - My passport is valid until 2020 - Since my end of D / S in May 2012 I am in the USA . - We plan to marry next week and go to do the AOS

Yes - SHE is US Citizen

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Attorney answers 3

Best Answer
Posted

Generally, "overstay" refers to exceeding the time permitted on a visa; "out of status" means not in compliance with a visa and may include violating its terms or overstaying its duration; and "unlawful presence" refers to being present in the U.S. without being in compliance with a valid visa.

Generally, someone who entered the U.S. lawfully and with inspection, who then becomes married to a U.S. citizen, may apply to adjust status notwithstanding that he/she has overstayed a visa or otherwise become unlawfully present. It is critically important, however, to address any home residency requirement that might apply to a J-1 visa. There is no substitute for engaging an immigration attorney to learn all of the relevant circumstances and facts in order to advise about eligibilities, options and strategies.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

Asker

Posted

Thank you for your answer,. So based on my situation it should be ok ? What is the cost for AOS help with immigration attorney ? What service do you provide ?

David Nabow Soloway

David Nabow Soloway

Posted

Our firm offers an initial consultation free of charge. I invite you to call at 404-320-7000. David

Asker

Posted

All right, I will. Best

Posted

For your purposes it makes little difference and you should be fine, provided she is a USC, a fact you neglected to include in your fact description.

www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

Asker

Posted

Sorry for that, yes she is US Citizen. So based on my situation it should be ok ? What are the cost for AOS help with immigration attorney ? What service do you provide ?

Asker

Posted

By the way, thank you for answering !

Alexander Joseph Segal

Alexander Joseph Segal

Posted

If you liked my answer and appreciate the time put in, please mark it as best. Thank you. Then I will continue the conversation because I will know that you do appreciate the time put in.

Posted

if you are not subject to the J-1 212(e) requirement, you should have no problems with adjustment of status

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.