Portuguese Husband's VWP 90 days almost up! HELP!

[malucarlinha 0]

No, it sounds like a straight-up lie. They can't promise anything, and... Did you read that link Jim put here? It said there was a memo in CA that went out in the last month that said from now on, all VWP overstay cases MUST be denied at interview. I think it was San Diego but there is reason to believe it would apply state-wide. All of this is really new... stuff happening in the last few months. This lawyer probably was successful last year or before. Ask him/her if he has done any VWP from overstay cases this year... or in the last 2 months.

Also, $2500 to fill out some forms? Yikes.

Also, this Brazilian friend came on a tourist visa (B-2). Overstay is not a problem for people who enter on tourist visas. The VWP is not a visa... and it has become a whole other story.

hey guys,

The link Jim sends is inconclusive, as the immigrant in question is my husband and therefore a direct beneficiary... I'm on hold for the lawyer now

[Harpa Timsah 13,258]

The person who got denied in that link was ALSO A DIRECT BENEFICIARY. It was the exact same thing as you.

[pushbrk 12,093]

No, it sounds like a straight-up lie. They can't promise anything, and... Did you read that link Jim put here? It said there was a memo in CA that went out in the last month that said from now on, all VWP overstay cases MUST be denied at interview. I think it was San Diego but there is reason to believe it would apply state-wide. All of this is really new... stuff happening in the last few months. This lawyer probably was successful last year or before. Ask him/her if he has done any VWP from overstay cases this year... or in the last 2 months.

Also, $2500 to fill out some forms? Yikes.

Also, this Brazilian friend came on a tourist visa (B-2). Overstay is not a problem for people who enter on tourist visas. The VWP is not a visa... and it has become a whole other story.

I don't know whether the attorney is up to speed on AOS from the VWP with overstay or not but don't kid yourself into thinking the immigration process is nothing but filling out forms. That's a prescription for failure.

[Vuvu zela 9]

Hi all, so I spoke to a lawyer in my area who pretty much promised me that he could get my case through. He said that he was recently won a couple AOS with VWP overstayers. He said he needed a 1000$ deposit and $1500 over the course of the next two months. He is a friend of a friend, and he did her case too- she came from brazil on a tourist visa about ten years ago and then just never left.

The lawyer told me everything would be fine, and scheduled and appointment for us on monday.

Does this sound right?

Thank you again, I cant believe this nightare is happening, i seriously just want some sleep!

Your friend from Brazil was not on VWP.

Because she had a tourist visa, her overstay of 10 years was forgiven because she was married to a US citizen.

(It was pretty much a simple task for that lawyer)

Whereas if your husband overstays his VWP (even by a day) it will be very difficult, or virtually impossible to adjust his status based on new immigration laws.

Also, go to the appointment and make sure the lawyer really knows the FACTS about VWP and is very knowledgeable in that area.

You can compare his answers with what you've read so far in this thread.

I'm a lil concern he is trying to get 2500 really quick and really fast...people usually pay lawyer over a 6 months period for this kinda of stuff not 2 months!

Wish you the best!

Edited December 10, 2010 by Vuvu zela

[Vuvu zela 9]

Whats an RFEs?

Request For further Evidence(something like that...)

For example, if you omitted to submit something very critical along with the AOS package, you may get an RFE letter in the mail.

[Harpa Timsah 13,258]

I don't know whether the attorney is up to speed on AOS from the VWP with overstay or not but don't kid yourself into thinking the immigration process is nothing but filling out forms. That's a prescription for failure.

You may disagree with me, but I would still argue that concurrent I-130/I-485 is pretty much filing out forms. I have seen it said here that you are a lawyer yourself, so naturally you would argue that a lawyer's service is needed. Adjusting in-country is not dealing with high-fraud consulates etc which would require more expertise and careful planning, but this not applicable for concurrent filers. I will concede that there are some cases, especially people with criminal backgrounds etc that may require legal services as well to adjust in-country. However, I stand by my statement. Having a lawyer fill out your forms is not going to change the outcome of your VWP-overstay case, and there is no option for an appeal in front of a judge for people who entered on the VWP.

OP: The lawyer in that link looks like he is planning to argue that immediate relatives of USCs by law should get the same benefits as those who entered on a valid visa. I agree with this decision and am looking forward to the outcome. The cases that have argued the validity of the overstay-WVP-deny used grounds like "I didn't know I was signing away my right to a immigration trial" etc, and those arguments have failed. I have said here before that I am looking forward to when someone argues that this policy is incorrect based on the laws that give special privileges to immediate relatives of USCs, and it looks like this guy is going to do it. I think that's great. However, I see a few things going on here.

1. This lawyer in the link has not had a chance to argue his case yet, and the fact there shows that CA is flat-out denying overstay from VWP. The person whose denial he scanned is the exact same thing as you. EXACTLY. If you want to go ahead and argue the illegal aspects of these denials, then go ahead, but please know that is what you are getting in to.

2. The lawyer you spoke with has told you that he "guarantees" success and has told you what you want to hear. Now, you trust him more because that is what you want to hear. And, he is not being honest, or does not know what is going on. Your brazilian friend's case is not relevant for you as I said.

If you want to go ahead with this, I would call that lawyer in Jim's link. He seems like he is really on top of current trends and is willing to file motions to reopen etc after a denial.

I don't think this policy is fair, btw. If you want to go ahead, realizing the current trends and you high chance of denial, then I would totally support it (not that a stranger from the internet's support counts for much). But you are getting misinformation from someone who wants to take your money, and that seems like a dangerous scenario to me.

Here is another link http://www.nytimes.com/2010/05/15/nyregion/15visa.html

Edited December 10, 2010 by Harpa Timsah

[Deputy Purple 1,294]

The Lawyer will be useless when your AOS application is denied because:

Since your husband would be a Visa Waiver Program Overstayer once denied he is immediately deport-able and by using the VWP he waived any right to appeal. This means that you don't get to go before an immigration judge at all, just taken into custody & shipped back to country of origin. BTW, there have been reports of being denied at AOS interview and the alien spouse being taken into custody right at the interview for deportation!

Edited December 10, 2010 by Bob 4 Anna

[Deputy Purple 1,294]

The lawyer in that link looks like he is planning to argue that immediate relatives of USCs by law should get the same benefits as those who entered on a valid visa. I agree with this decision and am looking forward to the outcome. The cases that have argued the validity of the overstay-WVP-deny used grounds like "I didn't know I was signing away my right to a immigration trial" etc, and those arguments have failed. I have said here before that I am looking forward to when someone argues that this policy is incorrect based on the laws that give special privileges to immediate relatives of USCs, and it looks like this guy is going to do it. I think that's great. However, I see a few things going on here.

1. This lawyer in the link has not had a chance to argue his case yet, and the fact there shows that CA is flat-out denying overstay from VWP. The person whose denial he scanned is the exact same thing as you. EXACTLY. If you want to go ahead and argue the illegal aspects of these denials, then go ahead, but please know that is what you are getting in to.

2. The lawyer you spoke with has told you that he "guarantees" success and has told you what you want to hear. Now, you trust him more because that is what you want to hear. And, he is not being honest, or does not know what is going on. Your brazilian friend's case is not relevant for you as I said.

At least it's a different argument but whats the point of having a different argument if the courts refuse to hear it because they agree they don't have jurisdiction?

I'd like to know how you get around that, other than pushing through to higher courts and eventually getting to SCOTUS by which time he'll already be deported [and if he'd just left to follow the CR-1 route could have been back already]. Not to mention the legal fees involved unless the lawyer is just looking for a case to ride to SCOTUS and will go pro bono.

[Brother Hesekiel 2,235]

You can guide the blind, but only if they are willing to follow you, not when they insist on running in the other direction.

Appropriate and competent advice has been given in this case. Everything from here on is only chat.

[Deputy Purple 1,294]

You can guide the blind, but only if they are willing to follow you, not when they insist on running in the other direction.

Appropriate and competent advice has been given in this case. Everything from here on is only chat.

Until the next thread after he's been deported and we have to read another tirade about how horrible the US is to have denied their love despite them spitting in the face of established law...

[ceadsearc 515]

The Lawyer will be useless when your AOS application is denied because:

Since your husband would be a Visa Waiver Program Overstayer once denied he is immediately deport-able and by using the VWP he waived any right to appeal. This means that you don't get to go before an immigration judge at all, just taken into custody & shipped back to country of origin. BTW, there have been reports of being denied at AOS interview and the alien spouse being taken into custody right at the interview for deportation!

Exactly. And - correct me if I'm wrong - there's a good chance OP's husband will, by this point, have overstayed long enough to qualify for a ban.

[Vuvu zela 9]

Hey guys, there is no need for sarcasm.

The OP is more likely very stressed out, and I'm pretty much sure what she's read so far in this thread has added to her stress.

All we've told her is pretty much new info to the OP.

She needs to digest it, along with asking more questions to understand the situation better, as she is now facing the cold reality of separating from her husband for almost a year in less than 5 days to avoid any AOS heartache.

This is a serious matter and I don't think she was prepared at all!

[malucarlinha 0]

Yeah I'm confused about what exactly the lawyer CAN do for my case. He said juet yesterday he won a case for a woman who had overstayed her visa waiver for five years and had married an american.... but how could he have done that if theyrr denying the applications outrright?

[malucarlinha 0]

I'm not prepared at all :'( !!!

I had no idea a few days would change evruthing

[Krikit 1,163]

Hugs to you, Malucarlinha. You will get through this. The nice thing about time is that it passes. And when you get to where you are meant to be, it will seem like no time at all.

+1 to Vuvu zela. Thank you.

Edited December 10, 2010 by Krikit