Jump to content
caldridge4

Am I an ILLEGAL alien?!

By caldridge4 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

68 posts in this topic

Recommended Posts

caldridge4 Rookie

caldridge4   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

My husband (a US citizen) and I were married in the US on March 22, 2010. I returned to Canada shortly after we were married.

I came back to the US June 8, 2010. I have been here ever since. I flew here and was inspected by a US Border Patrol officer. He granted me admissible, and did not give me any travel document. He also did not stamp my passport.

I have been here for just over 2 years now.

AOS Timeline

3/22/2010 - Married!!

6/8/2010 - Re-entered US

6/9/2012 - Mailed I485, I130, I765

6/15/2012 - NOA1, accepted!

7/10/2012 - Biometrics appointment

TRYING to be patient...

Link to comment
Share on other sites
  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Harpa Timsah
Harpa Timsah

Yes, of course you are an illegal alien. You know full well you came on a tourist visa and you do not have permission to live in the US. You have overstayed your allotted time and are now accumulati

Harpa Timsah
Harpa Timsah

I am aware of this interpretation for Canadians, but USCIS can easily "declare" that she has long overstayed, because she has. If she were to leave now, she would most certainly be denied reentry and

Harpa Timsah
Harpa Timsah

Yes they do, they are admitted under the terms of a B2 tourist visa at the border, without having to apply for one. If she lied at the border, then it will still matter. If she didn't her current st

BethandBilly Rising Star

BethandBilly   86

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Now I could be wrong here, but I do not believe you are illegal, you are out of status, this is down to the fact you came in to the country legally and overstayed. I believe "illegal" is when you are an undocumented visitor to the US, you have entered through channels other than manned border crossings etc. Why haven't you filed AOS yet?

Edited by BethandBilly
Link to comment
Share on other sites
caldridge4 Rookie

caldridge4   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

I was granted ADMISSABLE.

We had a very sick child who took up literally 24-hours a day. I have now applied. I just got my biometrics appointment letter today, for July 10.

AOS Timeline

3/22/2010 - Married!!

6/8/2010 - Re-entered US

6/9/2012 - Mailed I485, I130, I765

6/15/2012 - NOA1, accepted!

7/10/2012 - Biometrics appointment

TRYING to be patient...

Link to comment
Share on other sites
BethandBilly Rising Star

BethandBilly   86

Posted
Filed: Citizen (apr) Timeline
Posted

I was granted ADMISSABLE.

We had a very sick child who took up literally 24-hours a day. I have now applied. I just got my biometrics appointment letter today, for July 10.

Sorry to hear about your child, I hope all is going well now.

No to put it bluntly you are not illegal, so don't stress :)

Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

**** Moving from AOS from Family visa to AOS from Tourist ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
GlobeHopperMama Collaborator

GlobeHopperMama   95

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Mexico
 Timeline
Posted

I actually think that if it came to it, you're not even out of status, as Canadians are typically granted entry to the US under different provisions than nationals of other countries. There's some policy memo on this but it's not something to get worked up over. Just get that AOS finished and get your permanent residency!

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

Link to comment
Share on other sites
hikergirl Proficient

hikergirl   277

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I actually think that if it came to it, you're not even out of status, as Canadians are typically granted entry to the US under different provisions than nationals of other countries. There's some policy memo on this but it's not something to get worked up over. Just get that AOS finished and get your permanent residency!

Canadians are only supposed to stay a maximum of 6 months. She is out of status.

Link to comment
Share on other sites
DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Canadians are only supposed to stay a maximum of 6 months. She is out of status.

Canadians are special. ;)

There is some memo or something - I've read it on this website before. It basically says that unless a Canadian is ordered out by a judge or border patrol, they're ok. I'd have to go looking for it, but I'm sure that's what Carlos and Amy is referring to.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Link to comment
Share on other sites
DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Ok, I went looking and I can't find it. As I recall it had something to do with not accumulating unlawful presence until after you're ordered out. But you're still only supposed to stay 6 months. So I wouldn't go treading into Arizona or anything. :devil:

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Link to comment
Share on other sites
  • Popular Post
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
  • Popular Post
Posted

Yes, of course you are an illegal alien. You know full well you came on a tourist visa and you do not have permission to live in the US. You have overstayed your allotted time and are now accumulating days of illegal presence. Luckily, that will be irrelevant/forgiven once your Greencard is approved.

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

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

Link to comment
Share on other sites
JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

My husband (a US citizen) and I were married in the US on March 22, 2010. I returned to Canada shortly after we were married.

I came back to the US June 8, 2010. I have been here ever since. I flew here and was inspected by a US Border Patrol officer. He granted me admissible, and did not give me any travel document. He also did not stamp my passport.

I have been here for just over 2 years now.

Your timeline indicates you are in the process of AOS. In that manner you are not here illegally, unless I missed something.

200px-FSM_Logo.svg.png


www.ffrf.org




Link to comment
Share on other sites
DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Yes, of course you are an illegal alien. You know full well you came on a tourist visa and you do not have permission to live in the US. You have overstayed your allotted time and are now accumulating days of illegal presence. Luckily, that will be irrelevant/forgiven once your Greencard is approved.

Canadians don't get tourist visas.

If there's an issue, I would think it would be what was said to the agent at the border. But even then it was so long ago, will it matter now?

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Link to comment
Share on other sites
  • Popular Post
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
  • Popular Post
Posted

Canadians don't get tourist visas.

If there's an issue, I would think it would be what was said to the agent at the border. But even then it was so long ago, will it matter now?

Yes they do, they are admitted under the terms of a B2 tourist visa at the border, without having to apply for one. If she lied at the border, then it will still matter. If she didn't her current status will not matter, but she definitely overstayed, and is accumulating illegal presence. She seems to be shocked that she is an "illegal alien" but she is certainly not here legally.

As was pointed out above, if the AOS is already sent and accepted for initial review, now the OP is in a new period of authorized stay.

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

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

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...