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PERSON WAS A CREW MEMBER ON A CRUISE SHIP AND DISEMBARKED IN…

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HELLO, PERSON WAS A CREW...
HELLO, PERSON WAS A CREW MEMBER ON A CRUISE SHIP AND DISEMBARKED IN UNITED STATES. HAS BEEN IN U.S. OVER 10 YEARS AGO. GOT MARRIED TO A U.S. CITIZEN A YEAR AGO. FORM I-130 WAS FILED AND HAS BEEN APPROVED ABOUT 60-90 DAYS AGO. WHAT HAPPENS NEXT IN SEQUENCE WITH FORMS (PLEASE INCLUDE NUMBER), INTERVIEWS, ETC. AND AN ESTIMATE OF HOW LONG IT TAKES FOR EACH ONE. THANKS
Submitted: 8 months ago.Category: Immigration Law
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9/25/2017
Immigration Lawyer: Expert James, Lawyer replied 8 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,213
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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Immigration Lawyer: Expert James, Lawyer replied 8 months ago

First, please do not write in ALL CAPS. It makes it more difficult to read your questions and responses, and also looks like you are shouting at me.

Did you enter on the C1/D visa?

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Customer reply replied 8 months ago
I am trying to help someone and I don't know the answer. He was a crew member on a cruise ship and disembarked in the United States and stayed. Does that help. Sorry about the caps.
Immigration Lawyer: Expert James, Lawyer replied 8 months ago

No problem.

It helps to know which visa he used. I just want to make sure we are working within the same framework so that my answer is accurate. It definitely could make a difference if he had or had not. Can you find out from him please?

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Customer reply replied 8 months ago
Visa was C 1/D
Customer reply replied 8 months ago
Is this the information you needed to proceed?
Immigration Lawyer: Expert James, Lawyer replied 8 months ago

Yes, thank you very much. Please allow me some time to prepare the answers to your questions. Thank you for your patience as I do so.

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Immigration Lawyer: Expert James, Lawyer replied 8 months ago

Thank you for your patience. Your answer is below. But first, I need to emphasize that I am not a court officer, a legislator who makes the laws, or a judge. I do not make any decisions about your case. I am only here to provide you with information about the situation. So please do not hold negative or bad news against me. I am just a messenger.

When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Unfortunately, unless there exists some mistake by the CBP on the entry documents, he will not be able to adjust his status from within the US. Instead, he will have to go through the marriage-based immigrant visa status from abroad. Why? Because under US immigration laws, the C-1/D visa carries with it harsh limitations, including that someone who enters in such status is ineligible for adjustment of status, even through marriage to a US citizen.

What is worse, in this case, the individual in question now has more than 1 year of unlawful presence in the US; that means he is subject to a 10-year ban from re-entering the US once he leaves the US.

Since he cannot adjust his status from within the US and must leave the US to come back and get his marriage-based green card, and that will subject him to an unlawful presence ban, he will need to use the approved I-130 to file a request for a Provisional Waiver of the Unlawful Presence ban to increase the chances that he can come back to the US before the 10-years finishes.

He needs to file form I-601A to the USCIS. If on the I-130, the US citizen indicated that the alien will go through consular processing, he will need to inform the National Visa Center than a provisional waiver has been filed and not to schedule the appointment at the US consulate yet. Once the I-601A is approved, the USCIS will contact the National Visa Center to inform them that it has been approved and that it can proceed with the case.

The US citizen will then file form I-864 to the National Visa Center when prompted to do so. The alien will file the immigration visa application, as well as any requested supporting documents, when prompted to do so by the National Visa Center.

Once the case is processed through the National Visa Center and all the forms have been accepted, the NVC will send the case to the alien's home country for processing and scheduling of the immigrant visa interview. The alien will have to undergo a Medical Examination, submitting form I-693 to the doctor who examines him.

If the US consulate accepts the provisional waiver of the unlawful presence and the interview is successful, he will be issued his immigrant visa to come to the US. He will become a permanent resident upon entering the US with the immigrant visa and will get his green card within a few months.

This entire process can take anywhere from 9 to 12 more months.

I-601A: $630 + $85.

Immigrant visa fee: $325.00

I-864 Affidavit of Support fee: $120

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Customer reply replied 8 months ago
Is there a form number for the immigration visa application?
Customer reply replied 8 months ago
Is there a form number for Provisional Waiver of the Unlawful Presence?
Customer reply replied 8 months ago
What does CBP stand for?
Immigration Lawyer: Expert James, Lawyer replied 8 months ago

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

QUESTION: Is there a form number for the immigration visa application?

ANSWER: DS-260. It is an electronic form. It should not be filed unless and until the NAtional Visa Center tells him to complete it.

QUESTION: Is there a form number for Provisional Waiver of the Unlawful Presence?

ANSWER: Yes. I gave you that information already. It is Form I-601A.

QUESTION: What does CBP stand for?

ANSWER: Customs and Border Protection.

I hope that answers your questions. Please go ahead and give me that positive rating now, so that I can rest easy that I will get credit for helping you today.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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