Question about AOS and overstaying

[Lola_ 0]

Hi all!

So I have a question...If someone entered on a visa waiver program and overstayed since 2002, then got married, is there a chance that her AOS will get approved? Assuming, of course, that there is a good reason for her to have stayed so long (which, by the way, I know nothing about).

My boss is trying to decide (lawyer, but not an immigration lawyer) whether we should help this person with the paperwork.

I mean, all the questions are going to come up in the interview, right? We can fill out all the paperwork for her for AOS, and that is all anyone can do, right? Is the process different for someone who overstayed so long? Are we going to run into problems if the boss is not an immigration attorney? Is AOS her only way? (I looked over all the other processes but AOS is the only one that does not require her to leave the country).

Now, please, I don't want to hear judgement for this person, just your input on how difficult the process will be. Thanks!!!

[Kez/JWolf 6]

An overstay is forgiven if married to a USC.... but he/she should not leave the USA until they have their greencard in hand...

Does this person know that the lawyer they are asking for help from does not know the basic info for immigratioin AOS??? may be your boss should advise this client to get a immigration lawyer...

Kez

[Lola_ 0]

That is what he is trying to decide.

Since I JUST went through immigration process, I can fill out all the paperwork and explain the process to them

[Robin28 2]

It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

[athena_ny 1]

My husband overstayed his tourist visa since 2002 (long story) and we've been advised that he should have no issues adjusting as long as he leave the USA.

Hi all!

So I have a question...If someone entered on a visa waiver program and overstayed since 2002, then got married, is there a chance that her AOS will get approved? Assuming, of course, that there is a good reason for her to have stayed so long (which, by the way, I know nothing about).

My boss is trying to decide (lawyer, but not an immigration lawyer) whether we should help this person with the paperwork.

I mean, all the questions are going to come up in the interview, right? We can fill out all the paperwork for her for AOS, and that is all anyone can do, right? Is the process different for someone who overstayed so long? Are we going to run into problems if the boss is not an immigration attorney? Is AOS her only way? (I looked over all the other processes but AOS is the only one that does not require her to leave the country).

Now, please, I don't want to hear judgement for this person, just your input on how difficult the process will be. Thanks!!!

[Lola_ 0]

It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

Seems to ME that all a lawyer would do in this case is act as an agent and fill out the paperwork. You don't need to be an immigration lawyer to do that. It's a fairly simple process for them. No kids involved etc.

[kitkat1 5]

It seems to me that the person in question needs an immigration lawyer... if they want a lawyers help @ all it should be one that can actually help

Seems to ME that all a lawyer would do in this case is act as an agent and fill out the paperwork. You don't need to be an immigration lawyer to do that. It's a fairly simple process for them. No kids involved etc.

What makes this case NOT fairly simple is 5 year overstay. While overstay is generally forgiven via marriage to a USC (and the reason for the overstay is not considered), anyone dealing with a situation that could go either way should consult a qualified immigration attorney with experience adjusting from overstay. Lawyers actually do more than fill out paperwork - it's their job to advise clients on the law and how it may impact them.

[seldi 1]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

[Kez/JWolf 6]

I am amazed that you would advise someone that all you are doing is filling in the paperwork and acting as agent.... for anyone doing AOS from a VWP they should have their case looked over by a Immigration lawyer as there are risks involved in doing AOS from VWP... and they should have there individual circumstances checked to ensure they are doing the best thing in there situation.... I know if I was getting a lawyer to help me with my AOS that I would expect them to be able to advise me as to the best method of doing AOS for my case and be able to assist me if the case ran into problems...

But I guess as lng as your client knows that the lawyer that is helping them knows little or nothing about the immigration process and that the client is ok with this the that is there desission...

Kez

[Kez/JWolf 6]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

[seldi 1]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

Edited February 16, 2007 by seldi

[Lola_ 0]

Hmm

Ok, thanks for your replies

We'll direct them to an imm lawyer

[Kez/JWolf 6]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

[seldi 1]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

Most people with half brain know the difference between an opinion and a fact. Do you?

[JenT 0]

I don't think they like to admit it/announce it, but it certainly is possible. A family friend was in the same situation, and was able to adjust his status. I think there's also a fine that has to be paid for the overstay, I'm only 1% sure of this though.

You need to double check your info with regard to fines to be paid... dont know where you are getting your information for but there is no fine to be paid for an overstay when married to a USC...

Kez

Why the hell would I do? I could care less if there's a fee or not.

Edit: People REALLY need to learn how to READ before they get all psychotic. I said "I THINK" and that I was only "1%" sure. CHILL OUT. THE WORLD KEEPS ON TURNING.

May I sugest that unless you know then dont post... because this is how people pick up the wrong info and then make mistakes that can have a very big impact on there lives...

Kez

Most people with half brain know the difference between an opinion and a fact. Do you?

Oh wow... calm down Seldi. The truth is that people DO pick up on mis-information (opinion or not) and can perpetuate it as fact. Kez was just trying to make sure there was no misunderstanding. No need to be so defensive or make personal attacks.