Visa Overstay Immigration Laywer

[gareths 3]

Hello Guys! 

Spoke to an Immigration Lawyer about our case. Im sure a few of you guys are familiar with our case from a couple of posts. 

We recently spoke to an immigration Lawyer from a free consultation about our case and he mentioned that the overstay that I had will cause some sort unstable grounds in regards to our case. He said that because my AOS was denied due that could be looked upon by a immigration officer as my status being revoked from the moment I entered the US not from date that it was denied on the denial form we have dated OCT 26 2017. I left on 27th of March 2018 making it just short of the 6 months overstay period if looked upon from that point but he said its not certain what point they will look at the overstay from. If they say that the moment it was denied it took the date back to the day you entered then you will have overstayed past the year and could face a 10 year ban!! 

 

Is that correct? Any ideas guys? Really scared us!

 

Gareth 

[JFH 12,189]

Not correct. Do not give any money to this lawyer. You had a period of authorized stay when you entered with your K-1. Any overstay will only be counted from the date that stay expired. Also your overstay was less than 180 days, if I recall. This will not cause a problem for a spousal visa. You had filed AOS so you did nothing wrong. There are “shades of grey” for overstay and an overstay as the result of AOS being denied due to an administrative or clerical error (I recall you forgot to include the cover sheet with the RFE so the RFE was never attached to your file and therefore treated as “not received”) is completely different from someone who stubbornly decides that rules don’t apply to him and he is just going to stay here beyond his tourist visa and refuse to go home. Apples and oranges. But “overstay” is a catch-all term for everyone.

 

There have been a few cases here where AOS was abandoned - both voluntarily and involuntarily - and they have then applied for a CR-1. You will have the chance to explain the situation at the London interview. 

[JFH 12,189]

*~*~*moved to “general immigration discussion”*~*~*

[gareths 3]

25 minutes ago, JFH said:

Not correct. Do not give any money to this lawyer. You had a period of authorized stay when you entered with your K-1. Any overstay will only be counted from the date that stay expired. Also your overstay was less than 180 days, if I recall. This will not cause a problem for a spousal visa. You had filed AOS so you did nothing wrong. There are “shades of grey” for overstay and an overstay as the result of AOS being denied due to an administrative or clerical error (I recall you forgot to include the cover sheet with the RFE so the RFE was never attached to your file and therefore treated as “not received”) is completely different from someone who stubbornly decides that rules don’t apply to him and he is just going to stay here beyond his tourist visa and refuse to go home. Apples and oranges. But “overstay” is a catch-all term for everyone.

 

There have been a few cases here where AOS was abandoned - both voluntarily and involuntarily - and they have then applied for a CR-1. You will have the chance to explain the situation at the London interview. 

I was thinking this as we were talking to him. He has good reviews online but the free consultations always scares me. He was saying other things that scared me also....K3 is worth submitting just to get you in maybe a couple months earlier if it gets approved! 

 

Anyway JFH thanks for the affirmation! You are a Diamond! 

 

Gareth 

[Boiler 43,630]

1 in a thousand get K3's.

[EmmNM 179]

31 minutes ago, gareths said:

I was thinking this as we were talking to him. He has good reviews online but the free consultations always scares me. He was saying other things that scared me also....K3 is worth submitting just to get you in maybe a couple months earlier if it gets approved! 

 

Anyway JFH thanks for the affirmation! You are a Diamond! 

 

Gareth 

 Don't go with this lawyer. He's trying to scare you to get your money and give you false hope that the process will go faster. Almost nobody gets a K3.

[gareths 3]

1 minute ago, Boiler said:

1 in a thousand get K3's.

Guess he's a Lawyer looking to get paid. 

[Boiler 43,630]

42 minutes ago, gareths said:

Guess he's a Lawyer looking to get paid. 

How unusual 

[gareths 3]

Hey @JFH Just so I am sure, the overstay day count would be from that denial letter date correct? 

[gareths 3]

1 minute ago, Dee elle said:

Would it not commence from the date when the valid visa status ended... which would be earlier than the date of the denied application??? Just asking for my own clarity... 

Jesus....don't scare me like that

[gareths 3]

3 minutes ago, Dee elle said:

Would it not commence from the date when the valid visa status ended... which would be earlier than the date of the denied application??? Just asking for my own clarity... 

What point in the K1 process are you talking about, mind is very cloudy from all the stress. 

[Boiler 43,630]

From memory of your situation you were here for 90 days under status and then left, so you were out of status from day 91 until you left.

[gareths 3]

18 minutes ago, Boiler said:

From memory of your situation you were here for 90 days under status and then left, so you were out of status from day 91 until you left.

No way. So that means Im banned for 10 years! Please someone tell me it isnt true!

[Boiler 43,630]

29 minutes ago, gareths said:

No way. So that means Im banned for 10 years! Please someone tell me it isnt true!

You do not have a timeline so list out the dates for everybody, when you entered what you filed when you filed and when you left.

[gareths 3]

4 minutes ago, Boiler said:

You do not have a timeline so list out the dates for everybody, when you entered what you filed when you filed and when you left.

Okay give me a couple mins ill gather the info.