Reply

来源: 2015-12-30 14:55:55 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

他的B2在送130之前没过期,但现在已经过期了 (130申请2015年二月交的,B2在2015年六月过期, 130 表2015年十一月批准的)。回国会对他的申请有影响吗?

他现在就算是身份黑了吗?

-Yes, he has been unlawfully present from the date his I-94 expires. So, he can not file I-485 within US to get his green card unless your mother becomes a US citizen. Also, if his unlawful presence has been more than 180 days or one year, he will be banned to reenter US within 3 years or 10 years if he leaves US. So, he may file I-601A to apply for the waiver. He had better hire an immigrant lawyer to help him for I-601A filing. If he can get the I-601A waiver, then he can go to China to apply for immigrant visa.

Please note he can not leave US unless he gets the I-601A waiver. Otherwise, he will not be allowed to get the visa to enter US within 3 yeas or 10 years.