PLEASE HELP!!! Want to marry her but she is illegally here!!

[JimVaPhuong 4,863]

I was just going through the I-485 instructions, and saw this:

"10. ... You are not eligible for adjustment of status if any of the following apply to you:

D. Your authorized stay expired before you filed this application."

Doesn't that mean she cant adjust if she overstayed?

Read section F.1 of the instructions for the exception that applies in this case.

[Brother Hesekiel 2,235]

Here's the thing: it's illegal to enter the USA without permission, but it's not illegal (for lack of a better term) to overstay. For that reason "illegal immigrant" is a bit of a misnomer. For that very reason Arizona now had to make it a State law that people who are out of status are guilty of a crime. For the same reason immigrants, who are picked up by ICE, are not put in front of a judge and given due process and a trial and then convicted of a crime and sentenced; they are simply being removed from this country.

Most likely this is an oversight in Federal law, but it still exists to this day. Somebody who entered the US legally but is out of status is not even guilty of as much as a misdemeanor.

Edited May 21, 2010 by Just Bob

[Boiler 43,430]

There are some that are, but for a first timer that is true.

[LT.Nora 7]

I overstayed a year and a half and I was approved for green card via marriage to USC today. And I am not the only one with circumstances like that.

Just do normal AOS as everybody does. Don't listen to people who try to scare you.

[Sarah1 0]

I overstayed a year and a half and I was approved for green card via marriage to USC today. And I am not the only one with circumstances like that.

Just do normal AOS as everybody does. Don't listen to people who try to scare you.

I just wanted to say CONGRATULATIONS!!!!!! I'm really happy for you! I came here on tourist to be with my now hubby, and end up getting married after a month being out of status. I hope everything goes well for me too, I haven't applied for my AOS yet. hehe

[LT.Nora 7]

I just wanted to say CONGRATULATIONS!!!!!! I'm really happy for you! I came here on tourist to be with my now hubby, and end up getting married after a month being out of status. I hope everything goes well for me too, I haven't applied for my AOS yet. hehe

Thanks a lot you can read my feedback in March filers.

My mom was in a more scary situation and everybody told her that she will deported, but guess what, she happily got her green card as it was no biggy

Good luck on you AOS!

[Sarah1 0]

Thanks a lot you can read my feedback in March filers.

My mom was in a more scary situation and everybody told her that she will deported, but guess what, she happily got her green card as it was no biggy

Good luck on you AOS!

Thankk youu so much! yeah I think I am in a scary one two, but the good advice helpss me so much. they said is complicated others that is not hehe! wow and what was the situation of your mom?

[JimVaPhuong 4,863]

Here's the thing: it's illegal to enter the USA without permission, but it's not illegal (for lack of a better term) to overstay. For that reason "illegal immigrant" is a bit of a misnomer. For that very reason Arizona now had to make it a State law that people who are out of status are guilty of a crime. For the same reason immigrants, who are picked up by ICE, are not put in front of a judge and given due process and a trial and then convicted of a crime and sentenced; they are simply being removed from this country.

Most likely this is an oversight in Federal law, but it still exists to this day. Somebody who entered the US legally but is out of status is not even guilty of as much as a misdemeanor.

Someone who overstays a non-immigrant entry is deportable under section 237(a)(C )(i) of the INA. Because they are deportable, they can be arrested and detained under section 232, and they can be brought in front of an immigration judge for deportation. That may not be the same as being convicted of a crime, but I doubt the technical differences are much consolation to the person being deported.

Rather than an oversight, this is probably by design. I doubt the federal government wants to give people prison sentences for overstaying their non-immigrant entry pass. The way the law is written, they can remove them from the country. If they've overstayed long enough, they can bar them from coming back for a while.

[Boiler 43,430]

You can spend a long time in the clink when waiting to be deported.

[Brother Hesekiel 2,235]

Jim . . . you can't possible imagine how much it means to me that you, of all the super-knowledgeable people on this subject, agree with me when I state that somebody who is out of status is not guilty of even as little as a misdemeanor.

It's like finding an uninvited guy in your house when you come home . . . he's guilty of unlawful breaking and entry; but if you invited him to visit you, let him in, but he's overstaying his welcome . . . all you can do is ask him to leave.

That's why out-of-status visitors can adjust status without problems, whereas EWI people can't.

[JimVaPhuong 4,863]

Jim . . . you can't possible imagine how much it means to me that you, of all the super-knowledgeable people on this subject, agree with me when I state that somebody who is out of status is not guilty of even as little as a misdemeanor.

It's like finding an uninvited guy in your house when you come home . . . he's guilty of unlawful breaking and entry; but if you invited him to visit you, let him in, but he's overstaying his welcome . . . all you can do is ask him to leave.

That's why out-of-status visitors can adjust status without problems, whereas EWI people can't.

Happy to oblige!

On a related note, there have been a couple of occasions when one of my daughter's friends was in a predicament and needed a place to stay for a while. Both friends offered to pay me rent, but I refused. Why? Because you can tell a guest to leave anytime, but a tenant has rights.

[GabiandVi 34]

hello peeps,

Just tryin to make myself understand here about this OVERSTAYING stuff.

Alright, the 1st version, so when you come to this country and overstayed your visa for whatever the reason is but DID NOT leave the country, and later say you fell in love with an USC and got married, your OVERSTAYING status will be forgiven, right? (how easy)

The 2nd version, you come to this country, overstayed, and LEFT the country, either being deported or voluntarily, you will be banned for 3 years or 10 years depend on how long you were overstayed, in other words, not easyly FORGIVEN as the 1st version, gotta get thru harder way to be able to waive your overstaying status IF you ever wanted to come back.

But isnt the case the same ?? "O-V-E-R-S-T-A-Y"

Most people might not know about this but hey, say they know and they will just think : lets go to the states and ya know what? dont worry about overstay your visa,as long as we stay in the country, we could just find an USC, marry them and we'll be forgiven....

OH MY!!! isnt that lame??

Just seems unfair to me though, well me just sayin.

Happy day everyone!!

Yes. Which is why the proof of bona fides is stressed and sooooooo important.

As for it being easily forgiven, I'm thinking that is about the rights and privileges of the USC to have his/her spouse of choice live in the country. The USC's rights and privileges trump the overstay as long as there are no negative factors on the part of the intending immigrant to trump the USC's rights and privileges.

It makes sense if you think about it. It is wrong to overstay and there should be consequences. However, it is not an action that suggests the intending immigrant will potentially harm US citizens in the future, and when weighed against the separation of a USC from his/her family/loved one, it measures minimally. As opposed, say, to committing fraud (using a fake SSN, for example)or other criminal activity, which suggest potential future harm to the US society and when weighed against the love of one USC measures more significantly.

[Boiler 43,430]

You are reading too much into this.

The impacts and consequences of laws, intended and unintended, seem to be often as much as a surprise to those who wrote them as those on the receiving end.

[helpmelord 3]

Terrible advice on the I-131 Advance Parole document. They have already overstayed so leaving for any reason will trigger a ban! AP (Advance Parole) doesn't override Overstay bans...

I do not know about your country but as for mine all my friends did it and came back, it only say there is no garantee but if she can provide a valid reason ie a death certificate or sickness she will be able to return. My girl dad just died and she overstayed 3yrs on b1/b2 was adjusting status and had to apply for the advance parole letter and got it went down to the funeral march 7 and return march 12 it happens I would not have given this advice if I did not know it could work.

Thanks though for the advice and like I said I do not know for your country but I have seen it done for mine.

[Boiler 43,430]

Nothing to do with which country, they got lucky, very lucky.