Noorah101

Yes, they can. Especially if you entered the USA using the VWP, because you have no right to appeal USCIS decision on your case. You waived those rights when you entered the USA on the VWP.

I'm just saying, you can't compare people who walked across from Mexico, with someone who entered on the VWP. You are correct in the fact that, as I said, a person who has filed AOS will most likely be forgiven for working without an EAD.

There are some business activities that are allowed while in the USA on the VWP. "Work" is not allowed. Only very specific business activities are allowed, such as attending a trade show, or attending a few client meetings. A person on the VWP can't just come to the USA, find an employer, and start working (well, not legally anyway).

Sorry, I was thinking of an ITIN in lieu of a SSN, which can only be applied for at the time of filing a tax return. If you are talking about a Tax ID number, such as a self-employed person gets when owning their own business, then yes, you can get one anytime. However, someone in the USA on the VWP is not supposed to be working, therefore should not be self-employed, therefore does not need a Tax ID number.

Rene

olliewat

Yes. They can reject based on that. And there is no appeal process.

BritandDutchie

where do you guys get your info from?

You can have a tax id number and a social, many many people do.

And what you think they do if they do think you came to live, but are married to a USC? chuck you back out? They have right to the green card still.

They can't deport and ban you if they THINK you MAY have broken the rule.

They have in country filing for a reason,

I've seen some complicated cases over there years, over stays, working, 10 years over stays before filing etc, and ya know what, they got a green card as the marriage card trumps the others.

I read just the other day about an Irish bloke who was an 20 year overstay, got married recently and now has a green card.

Don't let USCIS be intimidating, cause they aren't really.

BritandDutchie

who told you that? and then what? they deport? sorry I have NEVER heard of that and used to be very involved in immigration issues and saw some pretty complicated cases in my time

jeffreyhy

They can, and they will. The VWP is applicable to visitors for business purposes as well as to visitors for pleasure purposes. One needs to be more specific about the activities to be engaged in, the word 'work' is way too general. You can apply for an ITIN only if you qualify as a US income tax payer but do not qualify for a SSN. Regards, JEff

BritandDutchie

You can have a TIN + SSN.

And for the lady in texas, you can always apply under hardship to USC, makes the case different to USCIS

BritandDutchie

Then what? you actually saying they are deported and banned? I'd love you to link to a case of that actually happening. Cause sorry the only cases I've heard of deportation after marriage while applying for green card are folks who came to the US illegally, shame marriages, and serious criminal records (even then it's rare)

Noorah101

Where do you get yours?

Yes.

No, they do not. Not if they entered on the VWP.

Yes, they can.

Correct. And some people qualify for that path. Some don't. Some don't qualify, but do it anyway and don't get called out on it. Some do.

For those people, yes...it worked. It doesn't for everyone.

Yes. Overstays are forgiven by USCIS, as long as he did not have the intent to remain in the USA when he entered 20 years ago. (or at least if the USCIS officer doesn't think he had that intent).

I agree, USCIS is not intimidating.

Rene

Noorah101

Just because you've never heard of it happening, doesn't mean it never does.

Rene

jeffreyhy

Here are two sources. There are others that provide additional information.
http://www.irs.gov/pub/irs-pdf/iw7.pdf
http://www.irs.gov/Individuals/General-ITIN-Information
An ITIN becomes void when a person obtains a SSN. The devil is in the details, each case is fact-specific. You are providing only the most superficial of information. Regards, JEff

Noorah101

The hardship to USC is only for consulate processing a visa. It does not apply to someone who entered on the VWP and then applies for AOS. There is NO APPEAL in that scenario.

Rene

BritandDutchie

post links to spouses of USC's who have been deported while filing for AOS, may be a struggle to find one. I have never heard of it.

It seems this forum is just full of finger pointers who can not admit they may be wrong, very sad

Noorah101

Agreed.

Rene

BritandDutchie

hardship can be applied for during AOS while in country.

I give up, it seems no matter how right I am, I'm not a mod here so I must be wrong. Quite sad

Noorah101

That doesn't make sense. How can one know they'll need to apply for a hardship waiver, until they know the AOS is denied?

If someone applies for AOS after arrival on the VWP, and the case gets denied, that is the end of the road for that person. They can no longer submit anything to USCIS in hopes of getting a hardship waiver, another interview, reconsideration, etc. USCIS decision is final. They must return home and apply for an Immigrant Visa, and THEN they can submit things like a hardship waiver.

Rene