Please help! I have my Interview this 27th!!

[Ricardo23 0]

Hi, guys, i'm having my appointment the 27th of this month. I'm preparing a waiver too because i overstayed my tourist visa before i got married. I'm freaking out because i had an arrest three years ago. This is the story:

In january 5th 2006 i had a fight in a bar in Arkansas, the police arrest me and the other guy, he was pushing me talking sh#$ about mexicans. i paid $200 dlls the same night and they let me go they just give me a public intoxication. There was no charges. I called the sheriffs office and they sent me a letter with seals and everything saying that it was just a public intoxication and the bond was 200 dlls and that's it. That was 3 years ago. Do i need to mention that if they ask me if i being arrest here? Is that can affect me bad on my interview??? I'm trying to get letters from friends that know me and know that i'm a "good citizen". That was a one night thing and i don't even drink anymore.

If somebody needs to take a look of the report i can send it to you.

Thanks!!

[Bobby+Umit 161]

If your in the US - you should not need a waiver for overstay, as long as your AOS is due to marriage to an USC.

Never lie to immigration. If they ask something you know the answer to, be honest.

From what you posted, I do not think that will affect you.

If you have a doubt - talk to an immigration lawyer, they can do a one hour consult.

[Ricardo23 0]

If your in the US - you should not need a waiver for overstay, as long as your AOS is due to marriage to an USC.

Never lie to immigration. If they ask something you know the answer to, be honest.

From what you posted, I do not think that will affect you.

If you have a doubt - talk to an immigration lawyer, they can do a one hour consult.

The deal is that i have 3 entries to US all the time with inspection. The second time i overstayed for one year. The third time i comeback, they gave me another 6 months permission and i got married here and i overstayed again, so my lawyer told me that maybe i need a waiver because i overstayed in my second entry. The third one is fine because i got married. But the second one?

[Bobby+Umit 161]

The deal is that i have 3 entries to US all the time with inspection. The second time i overstayed for one year. The third time i comeback, they gave me another 6 months permission and i got married here and i overstayed again, so my lawyer told me that maybe i need a waiver because i overstayed in my second entry. The third one is fine because i got married. But the second one?

The way I read the AOS info on this, overstay can't be held against you once you are in the US and attempting AOS (via marriage to an USC).

Overstay bans occur when you attempt to enter the US. (then you need the waiver). You got lucky after that one year overstay (that would of been a 10 year ban) when you entered the third time and didn't get caught.

(if you leave now, that overstay will probably affect you - so don't leave again till you have the greencard, even with the AP)

[Ricardo23 0]

The way I read the AOS info on this, overstay can't be held against you once you are in the US and attempting AOS (via marriage to an USC).

Overstay bans occur when you attempt to enter the US. (then you need the waiver). You got lucky after that one year overstay (that would of been a 10 year ban) when you entered the third time and didn't get caught.

(if you leave now, that overstay will probably affect you - so don't leave again till you have the greencard, even with the AP)

So they don't care about the other entries? The important one is the last entry? My lawyer said that the moment that i overstayed on my second entry, in that moment the ban was triggered but why they gave me another 6 months permit. I think that is their mistake right and of course good luck for me?

[Bobby+Umit 161]

So they don't care about the other entries? The important one is the last entry? My lawyer said that the moment that i overstayed on my second entry, in that moment the ban was triggered but why they gave me another 6 months permit. I think that is their mistake right and of course good luck for me?

Oh, they care about them, but since your in the US, legally (with the visitors visa and with inspection), and married to an USC, it will not be held against you.

With that said, if you misrepresented yourself when you came in the third time, and they have record of that - that will count against you.

I don't know what your lawyer is talking about, the ban for overstay is not triggered till you attempt to enter the US, not when you aquire the overstay.

You may want to talk to a different lawyer.

[Ricardo23 0]

Oh, they care about them, but since your in the US, legally (with the visitors visa and with inspection), and married to an USC, it will not be held against you.

With that said, if you misrepresented yourself when you came in the third time, and they have record of that - that will count against you.

I don't know what your lawyer is talking about, the ban for overstay is not triggered till you attempt to enter the US, not when you aquire the overstay.

You may want to talk to a different lawyer.

What do you mean about misrepresented myself? I'm sorry i'm still learning english.

[Bobby+Umit 161]

What do you mean about misrepresented myself? I'm sorry i'm still learning english.

Lying, not being honest...

[Ricardo23 0]

Lying, not being honest...

Well the only thing that i remember was that i told the officer that i needed a six months permit because i was going more than 30 miles from the border. That i was for vacations. Of course i was going to Missouri to keep working but i didn't comeback to get married. Is that a lie? Are they have record about what i said at the border?

[Bobby+Umit 161]

Well the only thing that i remember was that i told the officer that i needed a six months permit because i was going more than 30 miles from the border. That i was for vacations. Of course i was going to Missouri to keep working but i didn't comeback to get married. Is that a lie? Are they have record about what i said at the border?

You came in on a visitors visa and your working (illegally)?

Best go talk to a lawyer - your building quite a case of "adverse factors".

(Read this thread about working without permission)

[Ricardo23 0]

You came in on a visitors visa and your working (illegally)?

Best go talk to a lawyer - your building quite a case of "adverse factors".

(Read this thread about working without permission)

I used to work illegally, since me and my wife start thinking about my greencard i quit working.

[ayawdie 0]

Working without authorisation will NOT be used against you. All is forgiven with adjustment of status. I know this first hand, I was here 12 years before my status was adjusted. You are getting yourself worked up for no reason. If the application asked if you have ever been arrested, state what happened... bring your notice from the sheriffs office... YOU WILL BE FINE. Before you know it, it will be over and you will be consoling someone with a similar situation.

[Usui Takumi 1,562]

I agree that he is probably in the clear, but he did lie at the POE. If his interviewer is sharp and really does research on his past history they could dig that up....which I doubt will happen, but still. I would take Bobby's advice and have a consultation. Perhaps an attorney will have a slippery way of dealing with this if it comes up.