AOS 20+ year overstay

[Tzlover 0]

As the title says, I’m about to file AOS after a 23ish year overstay. I came here at 4 and was never told anything of my immigration status so I always assumed I was a citizen. I found out after getting into the college of my dreams that I couldn’t go basically because I was undocumented. After DACA came out, I couldn’t file for that because my original passport had been lost/destroyed and I had no birth certificate to get a copy. I had no contact from both parents until 2021 and was finally able to track down a copy of my birth certificate from my birth country and get a passport. I’ve NEVER been arrested, no tickets, citations, no drivers license or ssn. I’ve since fallen in love  and we got married after I finally was able to get a passport. We did a foia to confirm that I entered w/ inspection. Now we’re preparing my AOS packet and I’m worried that having been undocumented for so long will hurt my case ☹️ I know unauthorized work is forgiven because he’s USC but worried out my mind 

[Crazy Cat 41,974]

Not an issue....Carry on.

[Chancy 6,241]

21 minutes ago, Tzlover said:

We did a foia to confirm that I entered w/ inspection. Now we’re preparing my AOS packet and I’m worried that having been undocumented for so long will hurt my case ☹️ I know unauthorized work is forgiven because he’s USC but worried out my mind

 

As a spouse of a USC, your overstay and unauthorized work will be forgiven by USCIS.  Your biggest pitfall will be about any prior claims to US citizenship, since you mentioned that you assumed you were a USC.  If there is any form or document (like school or driver's license forms) where you said you're a USC, that could screw up your chances for AOS.  How did you get SSN if you had no passport or birth certificate?

 

Edited March 30, 2023 by Chancy
question about SSN

[Boiler 45,641]

Back in the day you could get a SSN just by asking.

 

Undocumented is when you entered without inspection

 

[Verrou 1,962]

did u come with or without inspection? 

with inspection = overstay

without inspection = undocumented

up to early 2000 is "easy" to get SSN and DL in some states for overstay alien

Edited March 30, 2023 by Misscloud

[Tzlover 0]

Just now, Misscloud said:

did u come with or without inspection? 

with inspection = overstay

without inspection = undocumented

Overstay. my foia came back with an I-94 that had some sort of travel document number 

[Verrou 1,962]

2 minutes ago, Tzlover said:

Overstay. my foia came back with an I-94 that had some sort of travel document number 

u are good. file that AOS

my friend overstay 20+ years, she just got her GC from marriage in Dec 2022. 

Edited March 30, 2023 by Misscloud

[Tzlover 0]

13 minutes ago, Chancy said:

 

As a spouse of a USC, your overstay and unauthorized work will be forgiven by USCIS.  Your biggest pitfall will be about any prior claims to US citizenship, since you mentioned that you assumed you were a USC.  If there is any form or document (like school or driver's license forms) where you said you're a USC, that could screw up your chances for AOS.  How did you get SSN if you had no passport or birth certificate?

 

I don’t have ssn. I have never had any sort of state or US issued ID. Only thing I have is my passport that I got issued after I was able to get a copy of my original birth certificate 😕 as far as the school form thing, I’m honestly not sure because as a teen I was fully 100% under the belief I was. Not until my mom dropped the bomb on me but since then I obviously have just tried my best to fly under the radar for fear of being deported 

[Tzlover 0]

5 minutes ago, Misscloud said:

u are good. file that AOS

my friend overstay 20+ years, she just got her GC from marriage in Dec 2022. 

Wow, that’s awesome! Congratulations to her! 

[Chancy 6,241]

1 minute ago, Tzlover said:

as far as the school form thing, I’m honestly not sure because as a teen I was fully 100% under the belief I was. Not until my mom dropped the bomb on me but since then I obviously have just tried my best to fly under the radar for fear of being deported

 

No need to worry about any claim of US citizenship (inadvertently) made when you were below 18 years old.  Very unlikely you would be held responsible for that if any are even found.  Seems you've been careful about it since becoming an adult, so don't worry and just file your I-485 package.

 

[Sammy_2496 116]

Go ahead and file the adjustment! You will be fine ☺️

[Bob in Boston 733]

my wife was about 24 years overstay, was not an issue, only issue was finding her 94 info.... after 4 I-102s we finally got it 

[discoverusa 277]

Good luck! Let us know how it turns out. 

[Lemonslice 4,885]

9 hours ago, Chancy said:

 

No need to worry about any claim of US citizenship (inadvertently) made when you were below 18 years old.  Very unlikely you would be held responsible for that if any are even found.  Seems you've been careful about it since becoming an adult, so don't worry and just file your I-485 package.

 

Unfortunately, this member's story shows that being a minor was not an excuse.

 

https://www.visajourney.com/profile/46877-globehoppermama/

 

Summary on their linked blog:

http://carlosandamy.blogspot.com/2009/04/still-family-without-country.html?m=1

 

I wish I knew if it was ever resolved.

[Boiler 45,641]

26 minutes ago, Lemonslice said:

Unfortunately, this member's story shows that being a minor was not an excuse.

 

https://www.visajourney.com/profile/46877-globehoppermama/

 

Summary on their linked blog:

http://carlosandamy.blogspot.com/2009/04/still-family-without-country.html?m=1

 

I wish I knew if it was ever resolved.

Well there is nothing to resolve, false claim to US Citizenship is about as bad as it gets and this was blatant. Age is not material and surprised they went through all those waivers with Lawyers, they should have got a refund.

 

Seems they travel a lot.