> You're between a rock and a hard place. Play your cards very carefully
> from here on in.
>
> If her overstay (from date on I-94) is > 6 months, she will be subject
> to a 3-year bar on re-entering the US if she leaves; for >12 months,
> it's 10 years!!! Pay attention to this when considering Rete's
> possibly poor advice.
>
> A work acquaintance of mine is in the same situation. They have both
> elected to wait it out in the US until naturalization, then file the
> forms to make "the visiting one" legal. They did not file an I-130 as
> a permanent resident since there's little point in waving a red flag
> at the authorities.
My apologies ... didn't stop to think that perhaps the young lady might
be in overstay of more than a week or two, let alone for 180 days.
Thanks FB for catching that ... one of the safeguards of never answering
a post in private.
Anything over 12 months for her is suicide in terms of leaving.
Did she not apply for an extension of her I-94 before it expired? At
least that would have placed her in the safe zone until a decision were
made by USCIS to extend or not.
--
I'm not an attorney. This disclaimer is valid in NYS!
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