How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108704
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I'm a derivative beneficiary but i overstayed my visa after

Customer Question

hi i'm a derivative beneficiary but i overstayed my visa after the i-130 PD was current will i have any problem at the interview, will they ask me questions about it if i don't mention it
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

You will probably be denied. How are you a derivative? Who is the principal and who petitioned for them?

Customer: replied 9 months ago.
my father is the principal and my grandmother filled for him
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Yes. You will be denied for being out of status. You would have to leave the U.S. and process outside. How old are you? How long have you been out of status?

Customer: replied 9 months ago.
i'm 21 but still eligible because of the cspa act....i filled for a i 539 to change my status from b2 to f1 but got denial so from the date of the denial it's been 10 months
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

You have a 3 year bar, unfortunately. You should have left when you were denied. You can try for an I-601 waiver if you qualify because you would not be able to qualify for an I-601A because you are a derivative. Here is a link:

https://www.uscis.gov/i-601

I wish I had better news for you, but you should not have overstayed.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 9 months ago.
how will they know about my overstayed ?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

You have to prove you are still in status when you filed the I-485. The burden of proof is on you. They will ask.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 9 months ago.
i have a interview date in my country i''m not filling i-485
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

They will most likely ask and you will have to prove when you left the U.S. I mean you could get lucky, but I doubt it.

Customer: replied 9 months ago.
by the time i was waiting for the i-539 change of status my visa was expired but my i-94 wasn't...was my visa still void if it was already expired ?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Had you never applied for the change of status, you would still be D/S and you would not have accrued unlawful presence. You have accrued unlawful presence since the date of the denial of the I-539. If that has been longer than 180 days, you have a 3 year bar.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Related Immigration Law Questions