Posted by: Beltran January 7, 2007
OUT OF STATUS & H-4 PROBLEM!!
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I do not think New passport options will fly in her case. DHS and State Department strictly takes finger printing while she entered to US and before issuing the visa respectively. If she is already out of status for more than a year, then there is chances that she will not be able to get the visa in Nepal. Its automatic 10 year Bar to apply the visa if you overstayed more than a year in US. there is three year ban, if you over stayed more than 180days. Best scenario for her is to stay in US illegally. There is a pretty good chance that New Visa Reform Bill -which might be discussed both houses before July, it might bring some sort relief for so called illegal aliens in US including her - and go from there. they can still marry anytime -- but do not file the for H4 Change of status w/USCIS since she is already illegal. if you do file for it, USCIS might be obliged to issue her a Deportation order - which might just block her remaining ways to adjust the status down the stretch. Also, if she gets married w/US citizen, she will be able to get a Greencard even though she is Illegal. I do not recommend her to dump her BF who is on H1B and look for US citizen.
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