overstayed, married a US citizen filed for i-130

[Mr. Monty 0]

Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

[Mr. Monty 0]

Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

I forgot to add, She only sent in the I-130 petition, we did not send the I-485 with it. We are waiting to see if the I-130 will be approved before filing the AOS.

[Done--Really 331]

Most important question--did you ever leave the US and return without inspection at any time during the 15 years--if you did, you probably have problems. If you didn't the overstay and working illegally will be forgiven, and you can AOS here--DO NOT LEAVE UNDER ANY CIRCUMSTANCES.

And another really bad possibility--did you EVER claim to be a US citizen in any capacity??

[Penguin_ie 5,984]

***** Moving from CR-1 to AOS forum as OP is already in the USA *****

Overstaying and working is irrelevant if adjusting status as an immediate relative, which is what you are doing, but the questions asked by Magical are important. Also, did you pay taxes on your income?

[Mr. Monty 0]

***** Moving from CR-1 to AOS forum as OP is already in the USA *****

Overstaying and working is irrelevant if adjusting status as an immediate relative, which is what you are doing, but the questions asked by Magical are important. Also, did you pay taxes on your income?

--Yes I paid taxes on my income, and I don't recall at the moment if I ever claimed Us citizenship in any capacity, but what are the consequences? Also I never left the country.

[Myopia 93]

--Yes I paid taxes on my income, and I don't recall at the moment if I ever claimed Us citizenship in any capacity, but what are the consequences? Also I never left the country.

Why would you wait to file the I-485?

You would know if you claimed US citizenship. The consequence is a lifetime ban.

You should be fine.

[Done--Really 331]

It really depends, but as a general concept, anyone claiming US citizenship faces a potential lifetime ban with no waiver available. The details matter a lot and this requires the very best lawyer you can find, but ONLY If they have handled a lot of similar cases. Most things in immigration can be handled by yourself, but not this one. Think hard and check all the records you can find to see if you ever checked a box that you were a US citizen, and then go to Laurel Scott's FREE immigration chat every Wednesday at noon. Here is the link--try to do it tomorrow.

http://www.scottimmigration.net/chatroom.html

[Mr. Monty 0]

It really depends, but as a general concept, anyone claiming US citizenship faces a potential lifetime ban with no waiver available. The details matter a lot and this requires the very best lawyer you can find, but ONLY If they have handled a lot of similar cases. Most things in immigration can be handled by yourself, but not this one. Think hard and check all the records you can find to see if you ever checked a box that you were a US citizen, and then go to Laurel Scott's FREE immigration chat every Wednesday at noon. Here is the link--try to do it tomorrow.

http://www.scottimmigration.net/chatroom.html

Thank you very much!!! all help is greatly appreciated!

[katgrl 14]

You could have filed the I-485 with the I-130...it would have saved you time. How were you able to work and pay taxes? Since you have been here so long, I'm assuming you have a social security # to file your taxes. Just be sure you didn't claim to be an USC ever. It comes with very serious consequences.

[Steph1988 11]

Hi, First time poster here, but I have been lurking the forums when I started my visa journey. Well let me tell you my story first and I'll have some questions I need to ask.

I came to the US from the Philippines in 1994 on a H-4 visa category(H1 Dependent-my mom worked here I was 14 yrs old.)I went through with inspection at a port of entry. My mom received her GC in the late 90's but she passed away in early 2000's. I recalled she petitioned me somehow but all the paperwork was lost with that petition. Fast forward to now, I married a US citizen in 2007 and she recently filed a petition for me, I-130 just this month(April 2011) and I'm currently residing in the US with her. We have been together at least for 4 years before marrying her. So here are some of my questions and concerns:

--I overstayed my visa for a good 15 years, what are the consequences that will affect the petition?

--If the petition is approved, will I be able to Adjust Status?

--I worked during my overstay without authorization, what are the consequences that will affect the petition?

Thank you in advance for any help and advise, I pray everything goes well in my journey. (Also I am scared and worried about this whole immigration filing, and it really helps to read everyones stories. )

[Steph1988 11]

I would suggest getting a lawyer. I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban. Me and my husband were together well over a year had a baby together he came over on the VWP for the third time, we got married. The fact that we had no knowledge to adjust status with in 90days before the VWP was up gave him no right to stay in the usa regardless of marriage. We thought if we got a lawyer it would be all ok, but we were told that we would probley lose anyway and he would be deported and banned for 10 years. So since he hadnt over stayed by 180 days he went home before he faced a banned. Marriage its self does not give you the right to stay in America, you are suppose to have your spouse file for you when your in your home country, it sucks but thats just how it is for the most part! I am glad i learned this from a lawyer before my husband over stayed by 180 days. Other wise we'd be "screwed" consult a lawyer first. All i see is your petition getting denied and you deported i could be wrong! Like i said thats my story and situation. I hope all the best for you and your wife! but please get a lawyer they know all the laws and loop holes so there maybe a way out of it, may not be. And if you do have to leave maybe you can file a waiver to remove your banned so your petition goes smoothly! It sucks! But dont try to beat immigration its always best to do it by the book!!! best of wishes again

[Sergi9 110]

I would suggest getting a lawyer. I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban. Me and my husband were together well over a year had a baby together he came over on the VWP for the third time, we got married. The fact that we had no knowledge to adjust status with in 90days before the VWP was up gave him no right to stay in the usa regardless of marriage. We thought if we got a lawyer it would be all ok, but we were told that we would probley lose anyway and he would be deported and banned for 10 years. So since he hadnt over stayed by 180 days he went home before he faced a banned. Marriage its self does not give you the right to stay in America, you are suppose to have your spouse file for you when your in your home country, it sucks but thats just how it is for the most part! I am glad i learned this from a lawyer before my husband over stayed by 180 days. Other wise we'd be "screwed" consult a lawyer first. All i see is your petition getting denied and you deported i could be wrong! Like i said thats my story and situation. I hope all the best for you and your wife! but please get a lawyer they know all the laws and loop holes so there maybe a way out of it, may not be. And if you do have to leave maybe you can file a waiver to remove your banned so your petition goes smoothly! It sucks! But dont try to beat immigration its always best to do it by the book!!! best of wishes again

Steph,

totally different situation than yours and falls under different law. He entered legally as a minor with his parent. Has been here more than 10 years which would qualify him for Cancellation of Removal in addition to other benefits. His marriage to US citizen allows him to AOS, there is no legal similarity between your case and his.

[Little_My 463]

Agree with Sergi9, Steph's case is entirely different since her husband entered as a VWP - not with a non-immigrant visa. It might seem as though a 15 year overstay makes the case more complicated than, for example, a 2 year overstay, but in the end the length of the overstay really makes no difference in terms of the difficulty of the AOS - what matters is 1) legal entry with inspection 2) not leaving the US after there is more than 180 days of overstay and 3) not claiming US citizenship when you're not a citizen (and of course, preferably obeying the law and paying taxes and in general being a law abiding citizen).

If the only "issue" with your situation is the overstay, I don't know if you necessarily even need a lawyer - but I won't advice for or against retaining one. I think you should start putting the I-485 package together to have it ready for sending as soon as you hear back from the I-130 to save you time. Read around VJ, and you'll see that many have adjusted status after very long overstays, even from VWPs, which used to be much more challenging than adjusting from a visa overstay.

As said before - Just do not leave the US before you have your green card.

[Brother Hesekiel 2,235]

I would suggest getting a lawyer.

Waste of money.

I dont know all the laws or what type of visa you were on. But over staying a visa by 180 days is an automatic 3 year ban from the usa. Over staying by 1 year is a 10 year ban.

Not true.

The bar is only triggered when leaving the US.

[JimVaPhuong 4,863]

Steph,

totally different situation than yours and falls under different law. He entered legally as a minor with his parent. Has been here more than 10 years which would qualify him for Cancellation of Removal in addition to other benefits. His marriage to US citizen allows him to AOS, there is no legal similarity between your case and his.

Yep. Cancellation of removal would be more of a last ditch effort, though. You have to actually be in removal proceedings before you can ask for cancellation. You also need a squeaky clean criminal record, and prove extreme hardship if you're removed. Not exactly the situation anyone wants to find themselves in.

If his mom filed the original petition for him before April of 2001 then he might also be eligible for a 245(i) adjustment.

Anyway, if he'd done anything to make himself inadmissible, like leaving the US or claiming to be a citizen, then he wouldn't be eligible to adjust under any category, including marriage to a US citizen.