Consular processing are for applicants

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Reference no: EM133671426

Question

Consular Processing are for applicants who are living outside of the United States and are seeking to obtain a visa to enter legally. Therefore, Jane may not have to consular process because she is married to an LPR, and she is also living in the U.S. There are several issues with jane's situation. Firstly, Jane overstayed her visa that allowed her to stay the maximum of 6 months. She entered the U.S in July and was given up until January to stay in the country but she went beyond the given time. Jane's action constitutes unlawful presence and can become a major problem. The second issue is unlawful employment. When you travel to the United States on a tourist visa you are violating the terms and conditions that goes with the visa and by doing so it could have an impact on her eligibility to adjust status. Jane could trigger the 3/10-year bars for unlawful presence if Jane decides to leave the United States. The 3-year bar would apply to Jane if she was unlawfully presence in the US for more than 180 days (about 6 months) but less than one year. Jane began to accrued unlawful presence in February.

Reference no: EM133671426

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