> OK, that paints a clearer picture, thanks. I understand your
> frustration. You might want to think about just forgetting about
> that first I-130 she filed when she was a PR, and just re-file
> everything as an AOS applicant. That might be something to ask your
> lawyer about.
>
> I will point out that even though you have filed an I-130, you still
> can only stay in the USA 6 months at a time. Since you're already
> over those 6 months (or so you say), this is even more cause for
> choosing to file AOS rather than go with the I-130 route that was
> first started. The I-130 will require you to return to Canada for
> visa processing, and if you've continued to overstay in the USA and it
> takes a long time to get this all processed, you could get in trouble
> once you go back to Canada for your visa interview (as in being told
> you overstayed too long and now need to file a waiver in order to
> return).
>
> I do agree with your last comment. I also don't advise returning to
> Canada at this point. Get your immigration sorted out first. Ask the
> lawyer about abandoning the current I-130, and refiling for AOS.
>
> Rene
If he has an I-94 in his passport, Rene, he can only remain in the US up
to the expiration of the I-94. Any time after that is an overstay
regardless of his Canadian citizenship.
They are calling the 1-800 number so they can't expect to get a correct
answer from them. She must have a Notice of Action from the submission
of the I-130. She can either mail a copy of that along with a copy of
her naturalization certificate to the appropriate service center and
hope that it is acted upon or she and he can refile the I-130 along with
the I-1485 and all the required documents that go along with it for his
AOS to the Chicago Lockbox address and start the process from the
beginning.
First and foremost they need a NEW immigration attorney since the advice
of this one is incorrect.
--
I'm not an attorney. This disclaimer is valid in NYS!
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