Visa overstay & 245(K) AOS

[WallsIngd]

Hello,

Question, Is someone who overstayed, for over a year, a non-immigrant visa(Tourist), about 14 years ago, eligible for relief under 245(k)?

Scenario: 
Lawfully admitted in 2005, 
Overstayed for about a year, 
Voluntary departure in March 2007; 
Currently in the USA holding H1B, for last 2 years, without any violations. 
Question: 
Can one benefit from AOS 245(k)? What are the options? 
Much appreciated!

[WallsIngd]

My Apologies, one small correction. The mentioned overstay was for 10 months and not over a year. Thanks in advance and sorry again for the confusion.

[newacct]

20 hours ago, WallsIngd said:

Hello,

Question, Is someone who overstayed, for over a year, a non-immigrant visa(Tourist), about 14 years ago, eligible for relief under 245(k)?

Scenario: 
Lawfully admitted in 2005, 
Overstayed for about a year, 
Voluntary departure in March 2007; 
Currently in the USA holding H1B, for last 2 years, without any violations. 
Question: 
Can one benefit from AOS 245(k)? What are the options? 
Much appreciated!

Yes. If you are adjusting in an employment-based category, you can adjust as long as you have not been out of status or working illegally for 180 days since the most recent admission. So the overstay on a past stay does not affect your eligibility for AOS in an employment-based category.

[WallsIngd]

Much appreciated! Yes, AOS in EB-2 with no violations of any kind since most recent admission, about 2 years ago (H1B). Thanks again!

[WallsIngd]

1 hour ago, newacct said:

Yes. If you are adjusting in an employment-based category, you can adjust as long as you have not been out of status or working illegally for 180 days since the most recent admission. So the overstay on a past stay does not affect your eligibility for AOS in an employment-based category.

Much appreciated! Yes, AOS in EB-2 with no violations of any kind since most recent admission, about 2 years ago (H1B). Thanks again!