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urban1129

Visa waiver overstay aos through citizen

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This is my story im 19 years old a us citizen my other half is 17years old she turns 18 this march.2011 im confuse on what the lawyer told me and what i have hear and really dont know what to do . So far the lawyer told me that my fiance could be risking but we dont really know ..It would be like gambling with uscis. i live in nj and being told by the lawyer and some people being denied and that they being helding up the vw cases. till the uscis headquaters makes a decision on what to do. I dont really know how laws are know but i dont want my fiance to get deported we have a child. i know her for as long as i could remeber she is asmuch of a citizen as i am we being together ever since middle school she my best friend. i rather see her hear illegaly than be deported. and wait for an immigration reform, or the dream act or filled her papers and risk it. i also hear that in ny they are still allowing vw on discretion or so but not really sure.

1. since she a minor would she get the 10 year ban from comminng back to us.( lawyer told me that she would beause it only counts when ur under 16.)?

2.The only evidence that we have that she came legally is her mom stamp passport .(her mom lost her I-94w years ago and me only got get little brothers i-94w. But lawyer told us thers and application to get it back or so) what would happen if we dont get and i94w back can we still apply do we have enough evidence with the stamp passport and her little brothers i94w to convince them at the interview?

3.what are the chances or her adjusting her status with no problem and what would happen if we get denied?

4. what would be of our baby would she lose her mom and not grow up having a normal family with two loving parents?

5.what should we do? should we do it know or wait till uscis comes up with a decison on what to do with visa waivers overstay?

6. please give me any advice . i would really appreciate it anything would help . thank you. :)

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This is AOS from Visit Visa topic, moving...

Posting same question is several forums will get confused answers.

See duplicate: http://www.visajourney.com/forums/topic/289533-visa-waiver-overstay-aos-through-citizen/

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Overstay tends to be forgiven when AOS is based on marriage to US citizen, no waiver involved.

Moving to AOS from visit visa forum..


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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1 - so she has an overstay over 1 year. if so thats a ten year ban, but can be overcome with an i601 waiver which is filed after the denial of the visa.

2- i think you could contact the customs and border protection for info regarding that.

3 - its risky, some vwp overstayers are having removal proceedings filed against them. whether you decide to take the risk is up to you.

4 - if the child is a usc, it can remain in the us. the fact that its mom will be approved or denied is something that will have to be overcome. the child has a right to stay with you there, if the non-usc goes back to her home country and files, and is ultimately be denied - which she will be, then you have to file a hardship waiver to overcome the 10yr bar. as you have a child together, this will be a hardship that you should address.

5 - no-one can tell you what to do. it could be quite a while if the outcome for vwp overstayers is a positive one, if indeed it is at all.

6 - good luck.

some others will also give yuo some advice, this is just pretty basic, personally, Id say its a risk by staying, and then again its a risk by leaving the country as returning needs the correct paperwork and approval.


USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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Ugh! I had a whole answer typed out and it was lost in this move!

Anyway, OP:

Your fiance is currently a minor and is therefore not accruing any days of illegal presence. Once she turns 18, she will begin to accrue days of illegal presence and after 180 days will receive a ban.

You live in NJ, which is in the 3rd circuit, and your lawyer is right that they are either denying AOS from Visa Waiver Program overstay or are putting those cases on indefinite hold. You could try that route, but I think it is a gamble, as your lawyer says. Also you would not be able to appeal any negative decision.

I have a very rough idea here that you should discuss with a lawyer (maybe a different one than the one you asked because s/he said your fiance is accruing overstay after 16 b-day, which is untrue).

Right after her 18th b-day, you could get married (or marry before if that is legal in your state). Then she could go home and you could file a spousal visa petition for her (I am not sure if the spouse has to be 18 for you to obtain immigration benefit, something to ask your lawyer). You may also qualify for an expedite because you have a baby together and the US Citizen baby needs her care. An expedite is not guaranteed, but sitting here I think you have a good chance. Then she could come back, upon entry she would become a legal permanent resident, and she could become a citizen in 3 years. There would be no waivers required or other headaches besides being apart for a while.

I am not sure the age of your baby, and whether she has a place to stay in her country, etc, but this is an idea for you to consider. I wish you the best of luck and hope you figure something out.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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The big issue is overstay of the Visa Waiver Program. Don't worry about the re-entry ban as USCIS won't impose that unless she stays beyond her 18th birthday by 180 days (3 yrs) or 1 year (10 yrs).

Recently USCIS has begun denying VWP Overstayers as about half of the Federal Appeals Courts have agreed that VWP Entrants have no right of appeal (signed it away by using the VWP).

The safest process would be for her to return home before any ban is imposed and file either a K-1 or CR-1 (if you get married before she returns).

In all the process should take a year or less so she would only need to be out of the country for a short amount of time.

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Overstay tends to be forgiven when AOS is based on marriage to US citizen, no waiver involved.

Moving to AOS from visit visa forum..

This is no longer true for people who entered on the Visa Waiver Program and overstayed. This is new in the last year and there are many lengthy discussions here on the topic. Some offices are proceeding normally, while others are putting the cases on indefinite hold, and still others are denying outright. 3rd circuit is one of the ones either denying or putting on indefinite hold.

See for instance here:

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

and VJ example of 3rd circuit indefinite hold:

http://www.visajourney.com/forums/topic/270498-weird-case/


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Ugh! I had a whole answer typed out and it was lost in this move!

Happens to me too sometimes, I hit the back page button, which returns you to the text box hopefully with all text in the box, then then select all text, copy, and then revisit thread in new location then reply and paste copied text.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Happens to me too sometimes, I hit the back page button, which returns you to the text box hopefully with all text in the box, then then select all text, copy, and then revisit thread in new location then reply and paste copied text.

Thanks!


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Isn't there a law saying that if you're not a US Citizen but your child is born on US soil, you can apply to stay ?

I think one of my college professors discussed this during class one day...

No, having a US born child does not give the parent who is not a USC or LPR or in other legal status (work, student visas) any rights to stay. What they can do is leave the country and have their child sponsor them once he/she is 21.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Isn't there a law saying that if you're not a US Citizen but your child is born on US soil, you can apply to stay ?

I think one of my college professors discussed this during class one day...

D-!


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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A college professor is not an immigration attorney.

If it was that easy all illegal and out of status aliens would jump to have kids.

Edited by juliava

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Yup.

There are -- literally --- at least 12,000,000 illegal aliens living in the US right now, of which, and that's only a guess, at least 2 to 4 million have a child that was born in the US of A and thus is, based on jus soli (as the 14th Amendment of the Constitution is currently interpreted), US citizens.

If this gave the parent or parents any right to stay, we all of the sudden would have millions of illegal aliens less.

One doesn't need a Ph.D. or the title of a Professor to figure that out. Maybe you texted your GF during the lecture, Brian . . .

Edited by Just Bob

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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