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My girlfriend from Japan overstayed on the "vwp" I need help

My girlfriend from Japan overstayed on the "vwp" I need help

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Old May 14th 2007, 5:03 pm
  #1  
Louis345
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Default My girlfriend from Japan overstayed on the "vwp" I need help

Hi
Thank you for reading my E-mail. My problem is that my girlfriend came to
visit me in December 20, 2006 and she was suppose to leave on Mar 20 2007.
During the middle of her stay, we decided that we wanted to spend more time
to find an English School, so I suggested filing a I-539 form. At the time, I
thought it was the right form for us. But after speaking to Customs I know I
was mistaken. Now the people at customs told me shes here illegally and she
has to go back to Japan ASAP, and cannot return to the States for a year.
After reading this information I was in shock, it wasnt in my intention to
keep her here illegally. I thought I was doing everything according to the
Law. The immigration process is confusing and sometimes misleading. I read
that she might possibly be able to file a 1 time waiver since this is her
first offense. I not sure if this is true or not, but I am sure of is I need
to fix this situation. It's all my fault and if she can't comeback it will be
with me for a long time. So please give me advice, I'm all ears. Thank you
Louis
 
Old May 14th 2007, 5:54 pm
  #2  
Jozef
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

"louis345" <u34175@uwe> wrote in message news:722c406595c1d@uwe...
> Hi
> Thank you for reading my E-mail. My problem is that my girlfriend came
> to
> visit me in December 20, 2006 and she was suppose to leave on Mar 20 2007.
> During the middle of her stay, we decided that we wanted to spend more
> time
> to find an English School, so I suggested filing a I-539 form. At the
> time, I
> thought it was the right form for us. But after speaking to Customs I know
> I
> was mistaken. Now the people at customs told me shes here illegally and
> she
> has to go back to Japan ASAP, and cannot return to the States for a year.
> After reading this information I was in shock, it wasnt in my intention to
> keep her here illegally. I thought I was doing everything according to the
> Law. The immigration process is confusing and sometimes misleading. I
> read
> that she might possibly be able to file a 1 time waiver since this is her
> first offense. I not sure if this is true or not, but I am sure of is I
> need
> to fix this situation. It's all my fault and if she can't comeback it will
> be
> with me for a long time.

Yes, as you've learned by now, a stay under the Visa Waiver Program cannot
be extended because there is no visa to extend. She should leave the US
asap. The longer she waits, the harder it will be for her to return. She's
accrueing illigal presence time that is counted towards the 3/10 year bans.
If she accrues 6 months of IP, she will be banned from the US for 3 years
when she leaves.

Since your girlfriend overstayed her Visa Waiver, she won't be able to
travel to the US on a Visa Waiver anymore. She'll have to apply for a B-2
tourist visa. The longer she waits before applying for one, the better her
chances of getting one. 6 months is good. One year (as you were told) would
be ideal. Make sure she has a copy of the I-539 receipt notice, so that she
can substantiate her story when she's asked why she overstayed her Visa
Waiver.

She also shouldn't have too big of a problem getting an F-1 visa for the
coming school year. Tell her to leave out the boyfriend references though.
She should be able to show ties to Japan, not the US when applying for an
F-1 (or B-2) visa.

Finally, - assuming you're male, and a US citizen - getting married would
also solve her problem. Going to the US on a Visa Waiver or tourist visa
with the intent of getting married to a USC could result in charges of visa
fraud, but as this was clearly not the case here you would most likely get
away with it.

Jozef
 
Old May 14th 2007, 5:58 pm
  #3  
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

Seems like you are in a pickle. Things she signed when she filled in the form for the visa waiver...

You may not accept unathorized employment, or attend school, or represent the foreign information media during your visit under this program. You are authorized to stay in the U.S. for 90 days or less. You may not apply for; 1) a change of nonimmigrant status; 2) adjustment of status to temporary or permanent resident, unless eligible under section 201(b) of the INA; or 3) an extension of stay. Violation of these terms will subject you to deportation.

and

I hereby waive any rights to review of appeal of an immigration officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any action in deportation.

One thing you have to realize about USCIS, they don't give a toss if you thought you were following the law. To them the law was broken and that's that. I think a lawyer may be needed to give advice although I'm not sure if a happy outcome is possible. Whatever happens you better get it sorted before she has an overstay of more than 180 days otherwise it will be a 3 year ban, over 12 months overstay will be a 10 year ban.

The immigration process is not misleading, it's very cut and dry really. It is complicated and frustrating though. You have to read and then read some more as well as know what you have filed and signed previously.
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Old May 14th 2007, 6:00 pm
  #4  
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

Consult a lawyer, but erm, how do you feel about marriage?
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Old May 14th 2007, 6:37 pm
  #5  
Louis345
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

Thank you, Jozef that was a informative. You gave me a lot of information
as well as hope. When she goes back to Japan should she say something about
her situation? ALso we filed the I-539 form, we sent the orginal form of the
I-90, and we just have a copy. Will that cause her a problem?
Do you think she will be able to obtain an F-1 visa during this up
comming school year? Even though she is stayed here illegally for 3 months.
When she comes to her interview for the student visa, you said she shouldn't
mention my name correct?
Will she always need a visa to enter the country? Thank you again
Jozef. You helped me more than people at customs when I called them. Thank
you.
 
Old May 14th 2007, 7:17 pm
  #6  
 
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

Originally Posted by Louis345
Thank you, Jozef that was a informative. You gave me a lot of information
as well as hope. When she goes back to Japan should she say something about
her situation? ALso we filed the I-539 form, we sent the orginal form of the
I-90, and we just have a copy. Will that cause her a problem?
Do you think she will be able to obtain an F-1 visa during this up
comming school year? Even though she is stayed here illegally for 3 months.
When she comes to her interview for the student visa, you said she shouldn't
mention my name correct?
Will she always need a visa to enter the country? Thank you again
Jozef. You helped me more than people at customs when I called them. Thank
you.
Louis, I recommend that you & your girlfriend decide what your longer term goals are. You're playing around the edges of things that can have unintended consequences later on, like when you actually get married to each other and try to make her a Permanent Resident.
Don't take offense, please. But if youi want to make a long term, mutil-visa plan, you should probably meet with a lawyer and get some solid ideas that apply to YOUR case. Putting together bits of general information here and there leads to... well, mistakes like you made with trying to extend the VWP (which is clearly not extendable).

Dancing around what to mention and not mention in a visa interview is a dangerous game, too. Look up 'material misrepresentation' to get a hint.

PS: the people at Customs, or more likely 'immigration' are not obligated to give you correct information and most workers dont' know particulars outside their specific job function. Calling them for help is not a great idea, and if you dont' know which questions to ask to start with....

What I'm trying to say here is, get some pro help.
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Old May 14th 2007, 7:40 pm
  #7  
Jozef
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

"louis345" <u34175@uwe> wrote in message news:722d1299fdfbf@uwe...
> When she goes back to Japan should she say something about
> her situation? ALso we filed the I-539 form, we sent the orginal form of
> the
> I-90, and we just have a copy. Will that cause her a problem?

You will get the I-94 card back together with the extension denial. She
shouldn't wait for it to arrive though. She should already be on her way
back home by now. Instructions about turning in an I-94 that was not turned
in at departure can be found here (among many other places):
http://manila.usembassy.gov/wwwhnv09.html

> Do you think she will be able to obtain an F-1 visa during this up
> comming school year? Even though she is stayed here illegally for 3
> months.

Impossible to say. I think it's worth a try. If she's not successful,
there's always next semester. It's not that she's permanently banned from
the US.

> When she comes to her interview for the student visa, you said she
> shouldn't
> mention my name correct?

Yes. She shouldn't lie though, but there's no need to volunteer information
that is not requested.

> Will she always need a visa to enter the country?

Yes, unfortunately. Because of her overstay, she's permanentely ineligible
to enter the US on a Visa Waiver.

Jozef
 
Old May 14th 2007, 8:52 pm
  #8  
Louis345
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

I would think about marrying her, but she wouldn't marry just to stay in the
United States. She has principles, I dont. What are her Chances of filing for
a student visa to the united states and getting approved? Jozeh leads me to
believe that she has a good chance to stay in the states. Do i really need a
lawyer?
 
Old May 14th 2007, 9:29 pm
  #9  
Nguhh
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

On May 15, 4:52 am, "louis345" <u34175@uwe> wrote:
> I would think about marrying her, but she wouldn't marry just to stay in the
> United States. She has principles, I dont. What are her Chances of filing for
> a student visa to the united states and getting approved? Jozeh leads me to
> believe that she has a good chance to stay in the states. Do i really need a
> lawyer?

Forr what have transpired, you have been very well informed of the
violations and options (visa) for her to come back. I could not agree
with most posters that she should leave the States without further
delay.

Unless you have plentiful of savings to give away, I disagree with
some posters asking her to seek professional help (I take it to mean
an Immigration Attorney) because there is nothing the lawyer can do
for her at this point. Applying for F1 (student visa) is pretty much
straight forward at US embassy in her home country (Japan) when she
receives the required school letter and documents (I-20). The
important thing when applying for student visa is to prove that she
has sufficient fund (from wherever source) to cover her yearly
expenses stated on I-20 form. Equally important, she needs to
establish a strong tie to her home country so as her intention is NOT
to marry you when she is done with her study. Perhaps, you could go to
USCIS website and read the visa requirements.

Good luck to you and your gf.
 
Old May 14th 2007, 10:15 pm
  #10  
 
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

[QUOTE=Louis345;4780669 I would think about marrying her, but she wouldn't marry just to stay in the
United States. She has principles, I dont. What are her Chances of filing for
a student visa to the united states and getting approved? Jozeh leads me to
believe that she has a good chance to stay in the states. Do i really need a
lawyer? /QUOTE]

Yes, I do think you need to speak to a lawyer. You don't have to hire one to do your entire case, but consulting with one will make your options more clear and help you understand what each visa does and does not allow.

For example, you say here that Jozef leads you to believe that she has a chance to STAY in the US. I don't read that in his reply at all.

Sure, you can learn it all yourself, but the learning curve is sharp and your time is limited. A couple of hundred dollars to get advice isn't much when you look at the big picture.
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Old May 14th 2007, 10:47 pm
  #11  
Jozef
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

"nguhh" <[email protected]> wrote in message
news:[email protected] oups.com...
> On May 15, 4:52 am, "louis345" <u34175@uwe> wrote:
>> I would think about marrying her, but she wouldn't marry just to stay in
>> the
>> United States. She has principles, I dont. What are her Chances of filing
>> for
>> a student visa to the united states and getting approved? Jozeh leads me
>> to
>> believe that she has a good chance to stay in the states. Do i really
>> need a
>> lawyer?
>
> Forr what have transpired, you have been very well informed of the
> violations and options (visa) for her to come back. I could not agree
> with most posters that she should leave the States without further
> delay.
>
> Unless you have plentiful of savings to give away, I disagree with
> some posters asking her to seek professional help (I take it to mean
> an Immigration Attorney) because there is nothing the lawyer can do
> for her at this point. Applying for F1 (student visa) is pretty much
> straight forward at US embassy in her home country (Japan) when she
> receives the required school letter and documents (I-20). The
> important thing when applying for student visa is to prove that she
> has sufficient fund (from wherever source) to cover her yearly
> expenses stated on I-20 form. Equally important, she needs to
> establish a strong tie to her home country so as her intention is NOT
> to marry you when she is done with her study. Perhaps, you could go to
> USCIS website and read the visa requirements.
>

I agree. Seeking professional help at this point is a waste of money.
There's nothing anyone can do to extend her stay in the US legally.

Getting married just for the Green Card would indeed be a bad idea as she
herself stated. Glad to see she at least has principles!

Jozef
 
Old May 15th 2007, 12:03 am
  #12  
 
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

[QUOTE=Jozef;
I agree. Seeking professional help at this point is a waste of money.
There's nothing anyone can do to extend her stay in the US legally.

Getting married just for the Green Card would indeed be a bad idea as she
herself stated. Glad to see she at least has principles!

Jozef /QUOTE]

For whatever it is worth, I think you both miss the point of seeing a lawyer now. Re-read my post to see why I think they should make a plan for the longer term and stop reacting to each event as it comes along.

I did not and do not suggest that a lawyer can find a legal way for her to stay in the US (if she will not marry).
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Old May 15th 2007, 12:37 am
  #13  
J. J. Farrell
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

On May 14, 1:52 pm, "louis345" <u34175@uwe> wrote:
> I would think about marrying her, but she wouldn't marry just to stay in the
> United States. She has principles, I dont. What are her Chances of filing for
> a student visa to the united states and getting approved? Jozeh leads me to
> believe that she has a good chance to stay in the states. Do i really need a
> lawyer?

The only way she can stay in the USA and become legal again with her
overstay forgiven is if she marries a USA citizen and applies to
become a permanent resident. She'll be in an illegal state until she
becomes a PR, and wouldn't be able to leave the USA and re-enter
during this time.

Far and away her best bet short of marriage is to leave the USA as
soon as possible. She MUST leave before she has overstayed by 180 days
else she will be automatically banned from re-entry for 3 years.

She made a mistake and thought she could extend her stay; she followed
what she thought was the procedure to do so. That's a pretty good
story, and may get some sympathy. If she chooses to stay in the USA
after discovering that she shouldn't be there, then she destroys any
chance of sympathy since she is then deliberately breaking the law.

There's no real saying how hard or easy it would be for her to get a
non-immigrant visa in the future. If she has good evidence of having
applied for the extension, and waits a good while before applying,
I'll be surprised if it is that hard.
 
Old May 15th 2007, 1:14 am
  #14  
Jozef
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

"meauxna" <[email protected]> wrote in message
news:[email protected] m...
>
> I agree. Seeking professional help at this point is a waste of money.
> There's nothing anyone can do to extend her stay in the US legally.
>
> Getting married just for the Green Card would indeed be a bad idea as
> she
> herself stated. Glad to see she at least has principles!
>
> For whatever it is worth, I think you both miss the point of seeing a
> lawyer now. Re-read my post to see why I think they should make a plan
> for the longer term and stop reacting to each event as it comes along.
>
> I did not and do not suggest that a lawyer can find a legal way for her
> to stay in the US (if she will not marry).

I know you didn't... I just hope he realizes it too. He's not facing
reality, even to the point of reading things in our posts that aren't there.

And excuse my anti-immigration attorney bias. That's a result of years of
immigration misery caused by immigration attorney incompetence which forced
me to educate myself on US immigration law by among other things reading
posts from helpful folks like you.

Of course you can just as easily (probably more easily) get wrong advice
from posters on Usenet, but at least they didn't take your money!

Jozef
 
Old May 15th 2007, 3:56 pm
  #15  
 
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Default Re: My girlfriend from Japan overstayed on the "vwp" I need help

No worries, Jozef. I was fortunate enough to not have any problems that caused me to *have* to learn about it--I just got interested!

I 'get' you, don't worry
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