Does Anyone Know?

Old Jan 18th 2003, 9:22 pm
  #1  
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Default Does Anyone Know?

Does anyone know the section of the code of regulations, that deals with an overstay, but not more than 180days, i read them for hours and i cant find one that suits my situation, i am married to a USC, thanks if you can help


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Old Jan 18th 2003, 11:02 pm
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Default Re: Does Anyone Know?

In article ,
mrsstrickland wrote:

    > Does anyone know the section of the code of regulations, that deals
    > with an overstay, but not more than 180days, i read them for hours and
    > i cant find one that suits my situation, i am married to a USC, thanks
    > if you can help
    >
Actually this is located in the 9FAM State Department Regulations, see
this file for everything about inadmissibility. The 180 days thing is
there too:
http://www.foia.state.gov/masterdocs/09fam/0940092N.pdf
HERE is the CRUCIAL POINT:The 180-day ban for 3 years does NOT kick in
UNTIL you LEAVE the US.

IF you are in the US AND IF you entered legally THEN you should be able
to file AOS, EVEN IF you have accrued over 180 days of illegal stay on
this admission. READ the I-485 AOS form to confirm this. NOTE that there
are EXCEPTIONS for the spouse of a US citizen regarding visa waiver and
being out of status.
However, IF you file for AOS and had 180 days or more of illegal status
on this admission, THEN you should NOT leave the US until you have
resident status (ie, green card or stamp). EVEN IF you filed AOS, if you
have 180-or-more days of illegal status, the ban would kick in if you
left the US prior to being adjusted, and this includes the use of
advance parole. As long as you stay in the US, you are OK.
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