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Will this candidate have a chance at a legal status?

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Filed: K-1 Visa Country: Philippines
Timeline

Wow, and he's made it nice and easy for the officials to find him too, with that paper trail he's worked so hard to establish in the last 15+ years. He'd better start sleeping in running shoes - as he'll never know when that red flag is going to pop up on their radar!

In all seriousness, you should probably start learning the language of the country you are going to be deported to (if you don't know it), make friends and find support groups in that place ahead of time and email that info to yourself (while you have convenient access to the Internet), and make sure your money is somewhere where you will have access to it in that country. At least then you won't be so lost when you get there. Good Luck!

06/20/2002 - Introduced through her Aunt
07/05/2002 - Correspondence begins and continues for years; friendship and feelings slowly but surely grow stronger.
05/12/2009 - Met in Philippines! Stayed for two weeks and had a great time. Can't wait to go back!
10/11/2009 - She said YES! (became engaged)

USCIS
10/29/2010 - Mailed I-129F
11/08/2010 - Check cashed
11/11/2010 - Received NOA1 dated 11/05/2010 (My case landed in Vermont - #######!)
11/15/2010 - Touched
04/05/2011 - It's been 5 months and not a peep from USCIS/VSC :-(
04/19/2011 - Touched/Text Message and Email this AM (APPROVED!)
04/22/2011 - Hard copy NOA2 received (166 days)

US Embassy
(All dates are Philippines dates)
05/20/2011 - Birth Certificate error cleared up
06/03/2011 - Fiancee waiting for her Passport
06/03/2011 - Not a peep from the Embassy (Manila)
07/21/2011 - Passport obtained
07/22/2011 - Interview scheduled 8/4
08/01/2011 - Fiancee and family on first flight EVER, to Manila
08/02/2011 - Medical
08/03/2011 - Medical (Passed, no concerns)
08/04/2011 - Interview! Passed! (they think)
08/24/2011 - Received Embassy email indicating fiance's visa has been issued!
08/31/2011 - 09/13/2011 Philippines Vacation!
09/14/2011 - Arrived together in Dallas, TX!

11/11/2011 - Married!

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Filed: Other Timeline

VJ User,

this thread is drifting in a direction that will make it difficult to continue. I am willing to have a one-on-one with you, but we have to take this off the air. P.M. me and we take it from there.

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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Filed: Country: China
Timeline

Correct me if I'm wrong but I thought overstay can be only forgiven if your spouse is USC. The OP mentioned earlier that his mother became a USC and they want to start family-based petition. If he wants to be petitioned by his mother and AOS in the US then he needs to maintain legal status. He failed to do this so his mother cannot apply for his AOS. Hence the whole discussion about false citizenship in his case is completely futile. Does not matter. To get a green card through his USC mother he would have to leave the US which would trigger 10-year ban anyway. I know 10 years does not equal a lifetime ban for misrepresentation but still - no GC in the near future for him.

Unless his wife is USC...

This issue is much deeper than just an overstay. And even if he was trying to adjust based on marriage he would still have the problems of claiming to be a USC. This is not a 10 year ban but a lifetime ban.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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The made it this long, he might as well stay and enjoy. Its much cheaper and easier than waiting on USCIS the proper way. Take a look at my timeline for example

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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Filed: Other Country: Egypt
Timeline

People like this guy piss me off. They come here illegally then try to lie, steal and cheat their way into being able to stay. Go home. It's people like you who ruin it for everyone.

Betsy El Sum

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People like this guy piss me off. They come here illegally then try to lie, steal and cheat their way into being able to stay. Go home. It's people like you who ruin it for everyone.

I so agree to this.. Everyone here has given up thousands of dollars, time and patience to do things legally.

Nevertheless, I wish you all the best. I am sure your home country is not so bad

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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He came to the US legally. He overstayed because of his parents actions.

OP-I feel kinda sorry for you because you have asked the same questions on other forums and you got the same answer.

You were also being rather unhelpful with the information too.

Bottom line is you have created a paper trail pertaining to your false USC claims and there really isnt too much you can do to circumvent that reality.

Sorry.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Filed: K-1 Visa Country: Cambodia
Timeline

How did he get social security card and drivers license on a tourist visa? Did he lie and say he was citizen that would be the only way to get them. They will check those 2 so looking at a life time ban. No matter the reason do not lie to the government it will come back to haunt you. To many people try to do it legal and are dragged trough hell and back so not many people have sympathy for people who do it illegal. You can keep asking questions does not change the fact they claimed to be a citizen when they were not.

Daniel

K-1 Visa

Service Center : California Service Center

I-129F Sent : Feb 9,2011

I-129F Received :In Texas then sent to CSC Feb 11,2011

Check cashed and in Initial Review : Feb 16,2011

I-129F NOA1 Hard Copy : Feb 15 2011

TOUCHED 04/04/2011 Is it wrong to be happy to be touched by a stranger?

I-129F RFE(s) : None

I-129F NOA2 :05/27/2011

NVC Received :06/09/2011

NVC Left : 06/27/2011

Consulate Received : 07/01/2011

Packet 3 Received : 07/18/2011

Packet 3 Sent : 07/19/2011

Medical Exam : 07/19/2011

Packet 4 Received :07/25/2011

Interview Date :09/13/2011

Interview Result : Approved

Visa Received : 09\16\2011

US Entry : 09\20\2011

Marriage :09/22/2011

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Filed: K-1 Visa Country: Cambodia
Timeline

If the Immigration Reform passes then the law can be changed right?

I would not hold my breath for reform laws it a touchy subject and with an election coming up I doubt it will get much more play until after the 2012 election if any at all.

Daniel

K-1 Visa

Service Center : California Service Center

I-129F Sent : Feb 9,2011

I-129F Received :In Texas then sent to CSC Feb 11,2011

Check cashed and in Initial Review : Feb 16,2011

I-129F NOA1 Hard Copy : Feb 15 2011

TOUCHED 04/04/2011 Is it wrong to be happy to be touched by a stranger?

I-129F RFE(s) : None

I-129F NOA2 :05/27/2011

NVC Received :06/09/2011

NVC Left : 06/27/2011

Consulate Received : 07/01/2011

Packet 3 Received : 07/18/2011

Packet 3 Sent : 07/19/2011

Medical Exam : 07/19/2011

Packet 4 Received :07/25/2011

Interview Date :09/13/2011

Interview Result : Approved

Visa Received : 09\16\2011

US Entry : 09\20\2011

Marriage :09/22/2011

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VJ User

Since it was already stated on this Thread that "None of Us are Lawyers" My suggestion is if you can afford it, is to asked for Legal Advice or Hire a Lawyer. They can help you more than we can. I hired a lawyer through my immigration process and although at times I had my doubts about hiring a lawyer in the end I was glad I did. I know this is not a popular belief in this forum, but in your situation the best advice is Legal Advice, not from a forum.

Edited by jj789
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Filed: Citizen (apr) Country: Canada
Timeline

I don't believe in immigration lawyers at all for normal cases, but for a case like this, I agree emphatically. OP has ZERO chances of getting through this without a lawyer. Unfortunately, he only has epsilon (as close to zero as possible without actually being zero) chance of making it through even with a lawyer.

OP: Beware of any lawyer who tells you that this will in any way be easy or even close to guaranteed. There are lots of unscrupulous lawyers who will take hopeless cases, puff up the clients with a lot of confident talk, and string them along until they run out of money and/or are deported.

Unfortunately, in this case, the offense is so blatant, and the law so clear cut, I can't even imagine what sequence of steps a lawyer could do to get you out of this. And the above posters are correct - immigration reform won't ever help you either. Immigration reform may eventually provide a path for current illegals to become legal residents, because that is in a lot of people's interests (agricultural employers, etc). There is no group of people who's interests are served by making it legal to - or forgiving people who have - falsely claim[ed] US citizenship.

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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Filed: Citizen (apr) Country: Canada
Timeline

Au contraire! Though this is primarily a self-help website, when someone has a difficult immigration situation then the people on this forum regularly advise the counsel of a good immigration attorney. This is sound advice! :thumbs:

I would suggest one additional proviso: Be a very proactive client. Tell your attorney everything - and I mean everything - about your situation. A lawyer's guidance can change dramatically based on tiny but critical tidbits of information. It also infuriates them if they get hit with a surprise that their client knew all along. In addition, educate yourself as much as possible about the relevant laws. At every step of the way, you should know exactly what you're attorney is doing and why they are doing it. If something doesn't seem right then confront them on it, and make sure you agree with them before they proceed. Also, insist on reviewing any document or form they plan to submit before they submit it. You know the facts about your case better than they do, so you must help insure they get the details right.

Finally, expect that an attorney is going to blow a little smoke up your tailpipe. An attorney will frequently try to give you hope when there is none because, frankly, a client in trouble is their best source of revenue.

Agreed emphatically!

I've said this before and I'll say it again:

Your lawyer should be able to tell you, at every step of the way, what they are doing, what the possible outcomes are, give you a good estimate of the relative probabilities of each possible outcome, and tell you what the next step would be for each possible outcome. In doing so your lawyer should be able to map out for you, not just a possible path to a GC, but EVERY possible path to a GC (and all other reasonably realistic possible outcomes).

If your lawyer can't or won't do this, you need another lawyer.

Edited by HeatDeath

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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What happens if the Immigration Reform passes and/or Dream Act?

It has not passed and, in my opinion, there is very little chance it will pass in the short to midterm future...

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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