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Kittyfang

What is the legal thinking hehind allowing AoS for overstays?

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Filed: Country: Canada
Timeline

First of all, I know this is a sensitive subject and I am not trying to start "a thing". So, if anyone is offended, please, by all mean, have a moderator delete this post.

Anyway, I am sitting here, waiting for my medical to roll around, taxes to get mailed in, etc.. So I have a lot of time to wonder.

I have been here for a few years (due to ignorance on our part) and am about to file for AoS based on marriage to a USC. Being Canadian, with no criminal record and nothing that would really send up red flags, I have been told by many people here on VJ, that my case will most likely go smoothly. But, here is the big question. Why has the U.S. made it possible for people in my situation (and people who have worse situation than I) to adjust their status. I have a little bit of trouble thinking that it's out of the kindness of their heart, but I can see the social reasons to allow something like this. I am the living proof that not everyone knows immigration laws, so I'm also inclined to think it might be a sort of "second chance" for people who didn't mean to do anything wrong, but didn't know any better. I've also read some people say that it's more like a courtesy for the USC. I personally think that the biggest reason is that if the non USC is allowed to be legal, that is another person in the work force/taxes/society contribution grand scheme of things.

Anyone have a better worded answer? hehe :lol:


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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First of all, I know this is a sensitive subject and I am not trying to start "a thing". So, if anyone is offended, please, by all mean, have a moderator delete this post.

Anyway, I am sitting here, waiting for my medical to roll around, taxes to get mailed in, etc.. So I have a lot of time to wonder.

I have been here for a few years (due to ignorance on our part) and am about to file for AoS based on marriage to a USC. Being Canadian, with no criminal record and nothing that would really send up red flags, I have been told by many people here on VJ, that my case will most likely go smoothly. But, here is the big question. Why has the U.S. made it possible for people in my situation (and people who have worse situation than I) to adjust their status. I have a little bit of trouble thinking that it's out of the kindness of their heart, but I can see the social reasons to allow something like this. I am the living proof that not everyone knows immigration laws, so I'm also inclined to think it might be a sort of "second chance" for people who didn't mean to do anything wrong, but didn't know any better. I've also read some people say that it's more like a courtesy for the USC. I personally think that the biggest reason is that if the non USC is allowed to be legal, that is another person in the work force/taxes/society contribution grand scheme of things.

Anyone have a better worded answer? hehe :lol:

It is not a courtesy or a second chance out of kindness. It is based on interpretation of the existing law by the BIA in precedent setting cases on appeal.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: AOS (apr) Country: Russia
Timeline

Nothing meant personally, but it isn't about you. It's all about the USC.

You are merely seeing another one of the great privleges our government gives to it's citizens; the privelege of marrying a foreign national and petitioning for them to legally enter and live here in the US.

Give your USC a big hug and thank them for their wonderful country. You can personally thank the country by being a working tax-paying law-abiding individual who will also be given the privelege of joining the ranks becoming a USC if you choose.

Edited by baron555

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Canada
Timeline

The legal regulations/opinions/guidelines-for-adjudication that allow for overstays to successfully AOS state something along these lines:

"In the absence of any other negative factors, out-of-status time [and even working during the out-of-status time] shall not be considered as sufficient reasons to deny the AOS of an immediate relative of a US citizen".

It's that relationship you have to a USC that makes the AOS process possible. Then only reason it is allowed at all is a courtesy and privilege to the USC.

Another member here, Just Bob, spent 14 years out of status, and several thousand dollars with lawyers trying to legalize his status through other means, because he wasn't prepared to marry someone just to get a GC. Finally he met the right person, and got married for the right reasons, which made AOS possible as a purely fringe benefit.

It is only the relationship with a USC that allows for the AOSing of visa overstayers. Long experience has proven that there's just no other way it can be allowed.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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Long experience has proven that there's just no other way it can be allowed.

Except during the several amnesty programs that have occurred in the past.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-1 Visa Country: Canada
Timeline

I personally think that the biggest reason is that if the non USC is allowed to be legal, that is another person in the work force/taxes/society contribution grand scheme of things.

For sure it's an orderly country that lives by the rule of law.

Having people documented and flying above the radar is better for everyone.


12-14-2009 I-129F Petition sent

12-21-2009 Petition received CSC

12-24-2009 NOA1

12-28-2009 "touched"

12-30-2009 Check cashed

04-20-2010 NOA2 approved!

04-24-2010 NOA2 received hard copy

04-26-2010 NVC received petition

04-28-2010 NVC sent case to Montreal consulate?

05-07-2010 Montreal transferred case to Vancouver consulate!

05-18-2010 Vancouver received case and sent out Packet 3

05-21-2010 Received Packet 3 letter from Vancouver consulate

05-25-2010 Faxed Packet 3 to Vancouver consulate

05-31-2010 Received Packet 4 Vancouver consulate interview letter

06-09-2010 Medical exam appointment

06-23-2010 Vancouver consulate interview

08-24-2010 Filed for AOS, EAD and AP

08-31-2010 NOA for AOS, EAD and AP

09-30-2010 Appointment for Biometrics

12-06-2010 AOS Appointment in Sacramento

12-10-2010 AOS Approved!

12-20-2010 Recieved Green Card

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Filed: Country: Canada
Timeline

Thx for the answers everyone. You made me understand a little better the process and reason behind it all. (F)


Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Filed: Other Timeline

It's due to Uncle Sam's attempt to make his citizens happy. That's why the USC petitions for the foreigner.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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