Boca Raton, FL asked in Immigration Law for Florida

Q: How can i avoid a 3 or 10 year ban after overstaying a visitor s visa to spend time with my LPR husband?

I m trying to get a new lawyer because she s not good at explaining, Im not sure if I was scammed. I entered on a B2 visa on july 30, 2019 and married a LPR on august 14. Our lawyer delayed the filling so our priority date for I130 is Sept 3 but my I94 expired on august 30. She made me pay for 2 money orders for USCIS a 500 and something one, and another one for 1000 dollars. Idk WTF the 1000 was for, she didnt apply for an extension on my i94. Now she says I cant leave the USA, but I fear a ban if I overstay for over 180 days.

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2 Lawyer Answers
Vince Sykes
Vince Sykes
Answered

A: Since you entered lawfully (with a visa), you can always apply for a waiver if it ever becomes necessary...Nonetheless, you should have your LPR spouse petition for you, i.e., I-130 and eventually adjust status. Since spouse is LPR, you are not in the highest preference category; which means your case (by time you are able to adjust status with approved immigrant visa) will take a bit of time. And, no work permit available (can't work on B1/2 visa) until you are able to adjust status.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: It looks like you were given very bad advice by the individual who represented you. Engage another attorney to take your case.

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