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A&St

Can i overstay my ESTA?

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

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Lemonslice Experienced

Lemonslice   4,561

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Filed: Lift. Cond. (apr) Country: Canada
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Who told you this? Of course there is an appeal option, you'll need to hire a lawyer but you can appeal any decision. The issue sits with you're out of status, who've over stayed on your ESTA and it could raise a red flag. The best option would be get married and file paper work before this date.

Quote of the memorandum:

Before a foreign national is admitted under the VWP, in addition to meeting certain requirements, he or she must waive the right to contest any action for removal, other than on the basis of an application for asylum. Removal of such an individual “shall be effected without referral of the alien to an immigration judge for a determination of deportability.”

Unlike those who enter the United States in B-1 Temporary Visitor for Business status or as a B-2 Temporary Visitor for Pleasure, individuals admitted under the VWP cannot extend the duration of their stays. Under limited circumstances, the local USCIS Director may grant a 30-day period of “Satisfactory Departure”; otherwise, the individual must depart from the United States prior to the expiration of the VWP admission period.

NA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens.Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

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Lemonslice
Lemonslice

Quote of the memorandum:

NikLR
NikLR

Overstay for AOS is forgiven if that is the route you are looking at. So if you are now planning on getting married and adjusting your status, the overstay doesn't matter. However if you're not plan

newacct
newacct

Proof of legal entry should be no problem. I-94s are electronic. They just go to https://i94.cbp.dhs.gov/ and print it out (which they would do regardless of whether they lost their passport or not).

caliliving Proficient

caliliving   606

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Filed: AOS (apr) Country: Canada
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It is OK! you are here, got proposed to.. marry and adjust! you NEED to get the proof of your legal entry into this country.. that is what i would be worried about.. you should see what a lawyer says and how to find that (i know their is a way.. and on the USCIS website they should have your entry there). I would perhaps consult a lawyer about how to find that!

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newacct Experienced

newacct   688

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It is OK! you are here, got proposed to.. marry and adjust! you NEED to get the proof of your legal entry into this country.. that is what i would be worried about.. you should see what a lawyer says and how to find that (i know their is a way.. and on the USCIS website they should have your entry there). I would perhaps consult a lawyer about how to find that!

Proof of legal entry should be no problem. I-94s are electronic. They just go to https://i94.cbp.dhs.gov/ and print it out (which they would do regardless of whether they lost their passport or not).

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Unidentified Mentor

Unidentified   2,930

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Filed: Citizen (apr) Country: Sweden
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Proof of legal entry should be no problem. I-94s are electronic. They just go to https://i94.cbp.dhs.gov/ and print it out (which they would do regardless of whether they lost their passport or not).

She would need her passport number though...





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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Who told you this? Of course there is an appeal option, you'll need to hire a lawyer but you can appeal any decision. The issue sits with you're out of status, who've over stayed on your ESTA and it could raise a red flag. The best option would be get married and file paper work before this date.

Not on vwp you can't. Appeal is waived.

She would need her passport number though...

This is why one should always have a copy.

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A&St Apprentice

A&St   17

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She would need her passport number though...

Yes i have my passport number just not my passport.

What if i have emergency paper and my birth certificate translated? can i try to get married? because when we called they said that we need some id card with my picture. I don't know if that paper can help me but it have my picture my id number and it's signed.

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Yes i have my passport number just not my passport.

What if i have emergency paper and my birth certificate translated? can i try to get married? because when we called they said that we need some id card with my picture. I don't know if that paper can help me but it have my picture my id number and it's signed.

Unlikely. Probably need full photo ID Edited by Transborderwife
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3rd Collaborator

3rd   84

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Filed: Citizen (apr) Country: United Kingdom
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i though i can use that paper because it have water marks. But prob no...

I don't know that you could use something that they'd be unfamiliar with. Unfortunately, even a government issued passport can be turned down as a form of ID if the person doesn't want to accept it (seems crazy, but it's happened to me). Do you not have any other photo ID cards that you could use?

At this point it's sounding like your best bet would be to travel home and get a new passport from there. You're in a pretty tough situation with not being able to be issued a new passport for a good while. As much as I know that would suck to be separated it would not be the end of the world.

AOS

09/02/2015 - Enter United States @ Raleigh Durham International Airport, NC under VWP

14/02/2015 - Fly to San Francisco, CA

09/05/2015 - I-94 Expires

22/05/2015 - Civil Surgeon Medical Examination

28/05/2015 - Received Sealed Envelope

04/07/2015 - Married in Vegas

14/08/2015 - Sent I-130, I-485, I-765 & I-131 to Chicago Lockbox

21/08/2015 - Emails/Texts of Acceptance for I-130, I-485, I-765 & I-131

24/08/2015 - I-130 & I-485 Cheques Cashed

27/08/2015 - Paper NOA1 Received

14/09/2015 - Biometrics Letter Received

23/09/2015 - Biometrics Complete

17/10/2015 - EAD/AP Card Produced

21/10/2015 - EAD/AP Card Mailed

24/10/2015 - EAD/AP Card Delivered

31/10/2015 - Received SSN

06/02/2016 - Interview Notice Delivered by Post

09/03/2016 - Interview

09/03/2016 - Approved at Interview + Card Ordered

14/03/2016 - Green Card Mailed

16/03/2016 - Green Card Received

ROC

05/02/2018 - Sent I-751 to California Service Centre

07/02/2018 - I-751 Received

09/02/2018 - Extension Letter Arrived in Post

12/05/2018 - Biometrics Reused Letter

18/08/2018 - 18 Months Extension Letter

19/04/2019 - 1-751 Approved + Card Produced

Naturalisation

09/12/2018 - Sent N-400 Application Online

14/12/2018 - Received Paper NOA1

02/01/2019 - Biometrics Scheduled

06/02/2019 - Biometrics Rescheduled

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A&St Apprentice

A&St   17

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I don't know that you could use something that they'd be unfamiliar with. Unfortunately, even a government issued passport can be turned down as a form of ID if the person doesn't want to accept it (seems crazy, but it's happened to me). Do you not have any other photo ID cards that you could use?

At this point it's sounding like your best bet would be to travel home and get a new passport from there. You're in a pretty tough situation with not being able to be issued a new passport for a good while. As much as I know that would suck to be separated it would not be the end of the world.

All my documents was in my purse so no i don't have it anymore.

I already ordered a new passport so i will just wait till i get it. I don't need it for any other reasons so it's no problem for me to wait.

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