Going back to the UK
May 25th 2022, 6:49 pm
#31
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Re: Going back to the UK
Both you and your friend are in the US on a visa, have married US citizens and at least one of you have violated the terms of your B visa by overstaying the time allowed stamped in your passport at the POE.
It would behoove both of you to learn the complete process of Adjustment of Status, which includes the filing of applications for Advance Parole (AP) and Work Authorization.(EAD)
Overstaying your visa, may at the time of your AOS interview and hopefully approval, will be pardoned BUT before approval if you leave the US with OR without AP, your overstay will kick-in and you will be denied entry to the US.
It would behoove both of you to learn the complete process of Adjustment of Status, which includes the filing of applications for Advance Parole (AP) and Work Authorization.(EAD)
Overstaying your visa, may at the time of your AOS interview and hopefully approval, will be pardoned BUT before approval if you leave the US with OR without AP, your overstay will kick-in and you will be denied entry to the US.
Thank you so much for this helpful advice
May 25th 2022, 8:44 pm
#32
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Re: Going back to the UK
Also, it is common in these forums for posters to fail to state the facts clearly or leave gaps in the facts. It is just as common for responders to fill in those gaps. On the other hand, lawyers tend to develop a professional paranoia.
Some of your posts have me shaking my head. Rather than being rude, you should thank the posters for obtaining clarification.
May 25th 2022, 8:53 pm
#33
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Re: Going back to the UK
Hmm. In immigration-lawyer-speak, you are using a “notario.” Funny thing is that notarios often charge more than an attorney. And, when the case goes pear-shaped, the attorney has to charge more for what JC Fong and I referred to as “janitorial work” in an attempt to clean up the mess.
Also, it is common in these forums for posters to fail to state the facts clearly or leave gaps in the facts. It is just as common for responders to fill in those gaps. On the other hand, lawyers tend to develop a professional paranoia.
Some of your posts have me shaking my head. Rather than being rude, you should thank the posters for obtaining clarification.
Also, it is common in these forums for posters to fail to state the facts clearly or leave gaps in the facts. It is just as common for responders to fill in those gaps. On the other hand, lawyers tend to develop a professional paranoia.
Some of your posts have me shaking my head. Rather than being rude, you should thank the posters for obtaining clarification.
so if someone asks a question on here you shake your head ? Haha that’s funny. People should just leave useful advice and be on their way.
May 25th 2022, 9:05 pm
#34
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Re: Going back to the UK
I appreciate you’ve said you can’t afford a lawyer, but given your situation (regardless of what you think, you’ve admitted to overstaying your visa and therefore you do not have legal status in the US) it might be cheaper to get it right first time rather than risk being banned from your husbands home country. Your situation is precarious and it’s vital that you get it right. At least a consultation with a good lawyer maybe? To set out all the pitfalls and give you some knowledge of the process to get your status sorted.
May 25th 2022, 9:38 pm
#35
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May 25th 2022, 11:18 pm
#36
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Re: Going back to the UK
Instead of attacking S Folinsky, perhaps ask yourself why an immigration lawyer with decades of experience is shaking his head? There must be a good reason for it, and I’d consider that in itself very useful advice personally.
I appreciate you’ve said you can’t afford a lawyer, but given your situation (regardless of what you think, you’ve admitted to overstaying your visa and therefore you do not have legal status in the US) it might be cheaper to get it right first time rather than risk being banned from your husbands home country. Your situation is precarious and it’s vital that you get it right. At least a consultation with a good lawyer maybe? To set out all the pitfalls and give you some knowledge of the process to get your status sorted.
I appreciate you’ve said you can’t afford a lawyer, but given your situation (regardless of what you think, you’ve admitted to overstaying your visa and therefore you do not have legal status in the US) it might be cheaper to get it right first time rather than risk being banned from your husbands home country. Your situation is precarious and it’s vital that you get it right. At least a consultation with a good lawyer maybe? To set out all the pitfalls and give you some knowledge of the process to get your status sorted.
I know my rights. Have a good day
May 26th 2022, 12:07 am
#37
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
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Re: Going back to the UK
Hey,
Another question if anyone knows or has been through the same thing..
If a British citizen came to the US through a non immigration 10 year visa ( 6 months per visit ) to see their bf and ended up getting married before their 6 months was up but wanted to go back home, I know they can easily leave but would there be an issue coming back to the states? even though their overstay would be waived as they are married. Keep in mind the green card hasn't been filed yet but they wanted to go home to see family.. basically can they come back in to the US without an issue?
Or would it be best to wait until the green card has been filed ?
Another question if anyone knows or has been through the same thing..
If a British citizen came to the US through a non immigration 10 year visa ( 6 months per visit ) to see their bf and ended up getting married before their 6 months was up but wanted to go back home, I know they can easily leave but would there be an issue coming back to the states? even though their overstay would be waived as they are married. Keep in mind the green card hasn't been filed yet but they wanted to go home to see family.. basically can they come back in to the US without an issue?
Or would it be best to wait until the green card has been filed ?
https://www.uscis.gov/laws-and-polic...-admissibility
It is my understanding they could be deported as well. But unless they have a run in with the law or post on a public forum with their full name etc that’s unlikely to happen. As you note if they file for AOS and remain in the US they may get a waiver to the ban for their unlawful presence.
May 26th 2022, 12:15 am
#38
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Re: Going back to the UK
Most British Citizens come on a visa waiver not a B1/2 (unless they have a criminal record, are retired or have valid reason for needing a longer stay). Either way if a British Citizen overstayed they become an illegal alien and subject to a ban, the length depends on how long they overstay:
https://www.uscis.gov/laws-and-polic...-admissibility
It is my understanding they could be deported as well. But unless they have a run in with the law or post on a public forum with their full name etc that’s unlikely to happen. As you note if they file for AOS and remain in the US they may get a waiver to the ban for their unlawful presence.
https://www.uscis.gov/laws-and-polic...-admissibility
It is my understanding they could be deported as well. But unless they have a run in with the law or post on a public forum with their full name etc that’s unlikely to happen. As you note if they file for AOS and remain in the US they may get a waiver to the ban for their unlawful presence.
Thanks for the advice, I will pass it on, as stated previously this question was for a friend of mine and not me personally.
May 26th 2022, 5:57 am
#39
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Re: Going back to the UK
And on that note, I’ll close this thread as I understand you’ve asked for your account to be closed which I’m sure Admin will do shortly. You’ve had a lot of helpful advice on various subjects so if you change your mind and decide you’d rather keep your account for other questions, just contact Admin (the ‘Contact Us’ button at the bottom of every page). If your username is your real name, you can ask for a username change instead if you do want to stay.
Best of luck to you, I hope you can get things sorted.
Last edited by christmasoompa; May 26th 2022 at 9:00 am.
