10 years ban or not?

[Boiler 43,450]

The obvious scenario in this case is that the Consulate hits you with misrep, suggest you look up the concept of Consulate non reviewability.

[schizzo_fg 1]

The obvious scenario in this case is that the Consulate hits you with misrep, suggest you look up the concept of Consulate non reviewability.

How would I misrep?

[Boiler 43,450]

You sort non immigrant status with immigrant intent.

[belinda63 2,981]

This discussion is all really moot. Either the IJ will grant your motion to reopen or he won't. Either you will leave the US under VD or you won't. Either you have a ban or you don't. We can argue until we are blue in the face but the only people who will matter are the IJ and the CO (if you leave the US).

[schizzo_fg 1]

You sort non immigrant status with immigrant intent.

I highly, highly doubt it I'll ever get slapped with that! Had over 15 legal lawful exits and re-entries. Started to go to college in 1998, I have 12 credits left from graduating... ... only one immigration violation!

[Boiler 43,450]

One?

[schizzo_fg 1]

One?

one overstay, that's it! The out of status was triggered by me dropping one class in 2003 that put me below 12 credits, didn't know much back then! I was 19, hard to prove that when I was 19 I had immigrant intent coming from a developed country (Italy).

[Transborderwife 4,666]

one overstay, that's it! The out of status was triggered by me dropping one class in 2003 that put me below 12 credits, didn't know much back then! I was 19, hard to prove that when I was 19 I had immigrant intent coming from a developed country (Italy).

Plenty of people from developed countries have immigrant intent.

[Shauneg 762]

one overstay, that's it! The out of status was triggered by me dropping one class in 2003 that put me below 12 credits, didn't know much back then! I was 19, hard to prove that when I was 19 I had immigrant intent coming from a developed country (Italy).

They don't have to prove you did. You have to prove you didn't if they suspect you did.

[schizzo_fg 1]

They don't have to prove you did. You have to prove you didn't if they suspect you did.

To each his own opinion! I respect that! Not worried about it

[schizzo_fg 1]

This discussion is all really moot. Either the IJ will grant your motion to reopen or he won't. Either you will leave the US under VD or you won't. Either you have a ban or you don't. We can argue until we are blue in the face but the only people who will matter are the IJ and the CO (if you leave the US).

Belinda,

thank you! It is so true! I first started writing my story in here to have some kind of re-assurance that things could go well. It's like you said, because it is not black and white, I'll just have to wait and see!

I know convicted felons that have gotten their green card, I have heard some crazy stories when I was on ICE hold and they still were able to adjust status at the end of all. It bothers me that I may not get that lucky and the only violation I have is an overstay, a civil one, not a criminal one. Paid taxes non-stop ever since 1998, started 2 businesses, employed US Citizens, helped their families as well, my roots are here, 3 little girls as children USC and... ... now I'm risking to stay away for 10 years to obey US law this time.

If I was a Mexican (no racism), I'd probably stay and be an immigration fugitive just to continue to provide and stay with my little girls and my wife, but I won't! I will be a citizen, it's just a matter of time.

[Boiler 43,450]

Your Lawyer never mentioned COR?

[Shauneg 762]

I guess I don't understand why you didn't adjust your status after getting married.

[schizzo_fg 1]

I guess I don't understand why you didn't adjust your status after getting married.

COuldn't adjust, the divorce from the previous wife wasn't final yet!

[Transborderwife 4,666]

COuldn't adjust, the divorce from the previous wife wasn't final yet!

So you couldn't marry either then