Chicago, IL asked in Immigration Law for Illinois

Q: I have couple of questions regarding the executive order that is going in effect August 9 2018 for students overstaying

I came to US 2005 on H2B visa and then changed my status to B2 and F1 vas the last one I had for few years. In 2010 I stopped going to school and since than I am in US overstay.

My boyfriend Is US citizen and we are planning on getting married, but he is in process of divorcing which should end by end of the summer.

I want to know if that new order will affect me in a way that I will not be able to adjust my status, If I have to apply before august 9 or it will not affect me?

Will I be able to file a waiver it is not clear as I don't know all the laws?

I was admitted to US with H2B- so does that count or my last one F1 whith I-94 D/S no date?

If you can please advise on what is the best to do. Thank You, .

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1 Lawyer Answer

A: Since you are marrying a US citizen and adjusting your status in the US, the new order regarding "unlawful presence" should not affect your ability to do so.

1 user found this answer helpful

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