I'm trying to help an aunt who is the beneficiary of an I-130 through another aunt (a USC) but I'm trying to see if there's any chance USCIS will NOT penalize her for overstaying (more than one year) her R1 (religious visa -obtained thru her husband). Will she trigger the 3 or 10 year bar? She overstayed because one of her daughters fell terribly sick (almost didn't make it -family hardship I'd call it) and after that she decided to stay to keep family unity. These are the facts:
Before the R1 ran out, they filed for an extension and an I-360 concurrently. Due to alleged lack of response on their part (the lawyer apparently never sent the papers) their apps were denied.
We plant to check with a lawyer but I wanted to see if anyone could shed some light on this. Thanks a lot. Manny H.Thank you, Ekaette Patty-Anne Eddings, for your answer. The only problem I see here is that my aunt wasnt here back when this law was passed. She only moved to the US in 2003. Could she possibly use the hardship in her defense? Thanks again. Manny