javatown

Need some advice...

I overstayed my B-2 visa for several years and after the 10-year bar
became effective. I left the country about one year ago, and have since
obtained another B-2 visa, and I don't foresee any problem in terms of
re-entering.

My question is that if the fact I have overstayed can cause any problem
for me should I apply for immigration benefits in the future?
What is the likely scenario that question might come up, and what's the
law says about this situation?

I'll be discussing with my lawyer after I arrive in The US, but i'd like
to hear some of your thoughts on this issue before that.
Thanks in advance.

Java

Fcs

wrote in message news:[email protected]...
    > Need some advice...
    > I overstayed my B-2 visa for several years and after the 10-year bar
    > became effective. I left the country about one year ago, and have since
    > obtained another B-2 visa, and I don't foresee any problem in terms of
    > re-entering.
    > My question is that if the fact I have overstayed can cause any problem
    > for me should I apply for immigration benefits in the future?
    > What is the likely scenario that question might come up, and what's the
    > law says about this situation?
    > I'll be discussing with my lawyer after I arrive in The US, but i'd like
    > to hear some of your thoughts on this issue before that.
    > Thanks in advance.
    > Java
Well, you are pretty optimistic.
Let us know if it worked.
Good luck to you...

Stuart Brook

[email protected] wrote:
    >
    > Need some advice...
    >
    > I overstayed my B-2 visa for several years and after the 10-year bar
    > became effective. I left the country about one year ago, and have since
    > obtained another B-2 visa, and I don't foresee any problem in terms of
    > re-entering.
    >
    > My question is that if the fact I have overstayed can cause any problem
    > for me should I apply for immigration benefits in the future?
    > What is the likely scenario that question might come up, and what's the
    > law says about this situation?
    >
    > I'll be discussing with my lawyer after I arrive in The US, but i'd like
    > to hear some of your thoughts on this issue before that.
    > Thanks in advance.
    >
    > Java

You overstayed. You know you overstayed. The bar is automatic, whether
the INS or Consul issuing the the visa realizes it or not. You have a
bar from the US whether you, or the INS knows it or not, it's automatic.

If you attempt to enter the US, and detected you will be put in
expedited removal and subject to charges of visa fraud and a likely
longer bar. If discovered later, including when you go through the
green card process, you are subject to deportation and a lifetime bar.
(You will have to demonstrate that you have never been illegal in the US
during the adjustment of status process).

You should not even attempt to enter the US until your automatic 10 year
bar has expired.

javatown

Well, too late, I already entered with my new visa and I'm here in the
country.

So you are telling me I cannot adjust my status even if I become the
immediate relative of an US citizen (as that is my situation is leading
to)? As I understand it, I can't file for adjustment if I enter without
inspection, which is not my case. Can you cite me the laws that suport
your statement? thanks.

Java


    >[email protected] wrote:
    >> Need some advice...
    >> I overstayed my B-2 visa for several years and after the 10-year bar
    >> became effective. I left the country about one year ago, and have since
    >> obtained another B-2 visa, and I don't foresee any problem in terms of
    >> re-entering.
    >> My question is that if the fact I have overstayed can cause any problem
    >> for me should I apply for immigration benefits in the future?
    >> What is the likely scenario that question might come up, and what's the
    >> law says about this situation?
    >> I'll be discussing with my lawyer after I arrive in The US, but i'd like
    >> to hear some of your thoughts on this issue before that.
    >> Thanks in advance.
    >> Java
    >You overstayed. You know you overstayed. The bar is automatic, whether
    >the INS or Consul issuing the the visa realizes it or not. You have a
    >bar from the US whether you, or the INS knows it or not, it's automatic.
    >If you attempt to enter the US, and detected you will be put in
    >expedited removal and subject to charges of visa fraud and a likely
    >longer bar. If discovered later, including when you go through the
    >green card process, you are subject to deportation and a lifetime bar.
    >(You will have to demonstrate that you have never been illegal in the US
    >during the adjustment of status process).
    >You should not even attempt to enter the US until your automatic 10 year
    >bar has expired.

Stuart Brook

[email protected] wrote:
    >
    > Well, too late, I already entered with my new visa and I'm here in the
    > country.
    >
    > So you are telling me I cannot adjust my status even if I become the
    > immediate relative of an US citizen (as that is my situation is leading
    > to)? As I understand it, I can't file for adjustment if I enter without
    > inspection, which is not my case. Can you cite me the laws that suport
    > your statement? thanks.
    >
    > Java
    >
    > >[email protected] wrote:
    > >>
    > >> Need some advice...
    > >>
    > >> I overstayed my B-2 visa for several years and after the 10-year bar
    > >> became effective. I left the country about one year ago, and have since
    > >> obtained another B-2 visa, and I don't foresee any problem in terms of
    > >> re-entering.
    > >>
    > >> My question is that if the fact I have overstayed can cause any problem
    > >> for me should I apply for immigration benefits in the future?
    > >> What is the likely scenario that question might come up, and what's the
    > >> law says about this situation?
    > >>
    > >> I'll be discussing with my lawyer after I arrive in The US, but i'd like
    > >> to hear some of your thoughts on this issue before that.
    > >> Thanks in advance.
    > >>
    > >> Java
    > >
    > >You overstayed. You know you overstayed. The bar is automatic, whether
    > >the INS or Consul issuing the the visa realizes it or not. You have a
    > >bar from the US whether you, or the INS knows it or not, it's automatic.
    > >
    > >If you attempt to enter the US, and detected you will be put in
    > >expedited removal and subject to charges of visa fraud and a likely
    > >longer bar. If discovered later, including when you go through the
    > >green card process, you are subject to deportation and a lifetime bar.
    > >(You will have to demonstrate that you have never been illegal in the US
    > >during the adjustment of status process).
    > >
    > >You should not even attempt to enter the US until your automatic 10 year
    > >bar has expired.

Well, now you've entered illegally. Congratulations.

I'm not going digging in the INA for the benefit of a lawbreaker. You
can pay for that kind of assistance from a lawyer.

javatown

Sure, at least 50% of immigrants, if not much higher, were illegal one way
or the other, what's your problem with that? I'm not here to read your
mean spirited, cynical, narow minded "moral" preach.

    > Re: overstayed & re-entering The US
    > From: Stuart Brook
    > Reply to: [1]Stuart Brook
    > Date: Thu, 05 Dec 2002 15:02:00 GMT
    > Newsgroups:
    > [2]misc.immigration.usa
    > Followup to: [3]newsgroup
    > References:
    > [4]
    > [5]
    >[email protected] wrote:
    >> Well, too late, I already entered with my new visa and I'm here in the
    >> country.
    >> So you are telling me I cannot adjust my status even if I become the
    >> immediate relative of an US citizen (as that is my situation is leading
    >> to)? As I understand it, I can't file for adjustment if I enter without
    >> inspection, which is not my case. Can you cite me the laws that suport
    >> your statement? thanks.
    >> Java
    >> >[email protected] wrote:
    >> >>
    >> >> Need some advice...
    >> >>
    >> >> I overstayed my B-2 visa for several years and after the 10-year bar
    >> >> became effective. I left the country about one year ago, and have since
    >> >> obtained another B-2 visa, and I don't foresee any problem in terms of
    >> >> re-entering.
    >> >>
    >> >> My question is that if the fact I have overstayed can cause any problem
    >> >> for me should I apply for immigration benefits in the future?
    >> >> What is the likely scenario that question might come up, and what's the
    >> >> law says about this situation?
    >> >>
    >> >> I'll be discussing with my lawyer after I arrive in The US, but i'd like
    >> >> to hear some of your thoughts on this issue before that.
    >> >> Thanks in advance.
    >> >>
    >> >> Java
    >> >
    >> >You overstayed. You know you overstayed. The bar is automatic, whether
    >> >the INS or Consul issuing the the visa realizes it or not. You have a
    >> >bar from the US whether you, or the INS knows it or not, it's automatic.
    >> >
    >> >If you attempt to enter the US, and detected you will be put in
    >> >expedited removal and subject to charges of visa fraud and a likely
    >> >longer bar. If discovered later, including when you go through the
    >> >green card process, you are subject to deportation and a lifetime bar.
    >> >(You will have to demonstrate that you have never been illegal in the US
    >> >during the adjustment of status process).
    >> >
    >> >You should not even attempt to enter the US until your automatic 10 year
    >> >bar has expired.
    >Well, now you've entered illegally. Congratulations.
    >I'm not going digging in the INA for the benefit of a lawbreaker. You
    >can pay for that kind of assistance from a lawyer.

Stuart Brook

[email protected] wrote:
    >
    > Sure, at least 50% of immigrants, if not much higher, were illegal one way
    > or the other, what's your problem with that? I'm not here to read your
    > mean spirited, cynical, narow minded "moral" preach.

That still doesn't make what you did any less illegal. Just because
hundreds of people kill other people yearly doesn't make killing someone
any less illegal.

It's not mean spirited at all ... it's telling you your legal (or rather
illegal) status, and that you should NOT be in the USA right now because
the consequences are far more serious than your original overstay.
You've proved now twice that you are an absolute fool who doesn't
deserve any help. First you go and overstay long enough to earn a 10
year bar, and as if that's not stupidity enough, you then go and enter
the US while that bar is technically in effect, having been told of your
situation.

At this stage if you want help, you need far more than anyone in a
newsgroup can give you. Time to go visit your immigration lawyer. The
only way you might escape this now is to marry a US citizen before the
INS catches you, but if they do, or you mess up the way you do this, you
can be sure that you'll be gone for good.

javatown

Never said it makes what I did less illegal, on the other hand, if the law
is such that millions of peiple are breaking it, the law itself needs
remedies, although I can't be bothered to dicuess this philosophical
question now. Go find some info about "registry", it's been around for
almost a century.

The way you wrote it is not only mean spirited, it's fascism. You don't
know me, you don't know why I had to do what i did, you only know me by a
few sentences i wrote; yet you could simply write in insulting,
condescending tone, and used phrase like "absolute fool", it just shows
your uncontrolable hatred towards certain groups of people. It's so sad
we're in the 21st century and people still can't communicate in a decent,
respecful way. You want to tell me i've potentially made a costly
mistake, there are simple, straightforward wayus of saying it. I know
what i am into, if you don't have anything meaningful to say other than
insulting and scolding, you should find something better to do. Maybe go
showing your hatred by shooting into the crowd.

FYI, we're not talking about "hundreds of people kill other people yearly
doesn't make killing someone less illegal" as your example suggested, it's
totally irrelevant and laughable childish argument. Hundreds of people
kill, but that's a small portion of the total population, and we as a
society want and do have the means of trying to control it. It's actually
more like making drinking coffee illegal. Not only senseless, you can't
inforce it.

Java

    >[email protected] wrote:
    >> Sure, at least 50% of immigrants, if not much higher, were illegal one way
    >> or the other, what's your problem with that? I'm not here to read your
    >> mean spirited, cynical, narow minded "moral" preach.
    >That still doesn't make what you did any less illegal. Just because
    >hundreds of people kill other people yearly doesn't make killing someone
    >any less illegal.
    >It's not mean spirited at all ... it's telling you your legal (or rather
    >illegal) status, and that you should NOT be in the USA right now because
    >the consequences are far more serious than your original overstay.
    >You've proved now twice that you are an absolute fool who doesn't
    >deserve any help. First you go and overstay long enough to earn a 10
    >year bar, and as if that's not stupidity enough, you then go and enter
    >the US while that bar is technically in effect, having been told of your
    >situation.
    >At this stage if you want help, you need far more than anyone in a
    >newsgroup can give you. Time to go visit your immigration lawyer. The
    >only way you might escape this now is to marry a US citizen before the
    >INS catches you, but if they do, or you mess up the way you do this, you
    >can be sure that you'll be gone for good.

olc-caNOSPAM

On 5 Dec 2002 15:49:38 GMT, [email protected] wrote:

    >Sure, at least 50% of immigrants, if not much higher, were illegal one way
    >or the other, what's your problem with that? I'm not here to read your
    >mean spirited, cynical, narow minded "moral" preach.

Back that up with data. I don't believe your 50% number.

    >> Re: overstayed & re-entering The US
    >> From: Stuart Brook
    >> Reply to: [1]Stuart Brook
    >> Date: Thu, 05 Dec 2002 15:02:00 GMT
    >> Newsgroups:
    >> [2]misc.immigration.usa
    >> Followup to: [3]newsgroup
    >> References:
    >> [4]
    >> [5]
    >>[email protected] wrote:
    >>> Well, too late, I already entered with my new visa and I'm here in the
    >>> country.
    >>> So you are telling me I cannot adjust my status even if I become the
    >>> immediate relative of an US citizen (as that is my situation is leading
    >>> to)? As I understand it, I can't file for adjustment if I enter without
    >>> inspection, which is not my case. Can you cite me the laws that suport
    >>> your statement? thanks.
    >>> Java
    >>> >[email protected] wrote:
    >>> >>
    >>> >> Need some advice...
    >>> >>
    >>> >> I overstayed my B-2 visa for several years and after the 10-year bar
    >>> >> became effective. I left the country about one year ago, and have since
    >>> >> obtained another B-2 visa, and I don't foresee any problem in terms of
    >>> >> re-entering.
    >>> >>
    >>> >> My question is that if the fact I have overstayed can cause any problem
    >>> >> for me should I apply for immigration benefits in the future?
    >>> >> What is the likely scenario that question might come up, and what's the
    >>> >> law says about this situation?
    >>> >>
    >>> >> I'll be discussing with my lawyer after I arrive in The US, but i'd like
    >>> >> to hear some of your thoughts on this issue before that.
    >>> >> Thanks in advance.
    >>> >>
    >>> >> Java
    >>> >
    >>> >You overstayed. You know you overstayed. The bar is automatic, whether
    >>> >the INS or Consul issuing the the visa realizes it or not. You have a
    >>> >bar from the US whether you, or the INS knows it or not, it's automatic.
    >>> >
    >>> >If you attempt to enter the US, and detected you will be put in
    >>> >expedited removal and subject to charges of visa fraud and a likely
    >>> >longer bar. If discovered later, including when you go through the
    >>> >green card process, you are subject to deportation and a lifetime bar.
    >>> >(You will have to demonstrate that you have never been illegal in the US
    >>> >during the adjustment of status process).
    >>> >
    >>> >You should not even attempt to enter the US until your automatic 10 year
    >>> >bar has expired.
    >>Well, now you've entered illegally. Congratulations.
    >>I'm not going digging in the INA for the benefit of a lawbreaker. You
    >>can pay for that kind of assistance from a lawyer.

olc-caNOSPAM

On 5 Dec 2002 18:55:38 GMT, [email protected] wrote:

    >Never said it makes what I did less illegal, on the other hand, if the law
    >is such that millions of peiple are breaking it, the law itself needs
    >remedies, although I can't be bothered to dicuess this philosophical
    >question now. Go find some info about "registry", it's been around for
    >almost a century.

It's OUR law. The freedoms in this country make it very difficult to
control illegal immigration, but because you might get caught doesn't
mena the law is wrong. Play the game however you want but be ready to
pay the price if you get caught.

    >The way you wrote it is not only mean spirited, it's fascism. You don't
    >know me, you don't know why I had to do what i did, you only know me by a
    >few sentences i wrote; yet you could simply write in insulting,
    >condescending tone, and used phrase like "absolute fool", it just shows
    >your uncontrolable hatred towards certain groups of people. It's so sad
    >we're in the 21st century and people still can't communicate in a decent,
    >respecful way. You want to tell me i've potentially made a costly
    >mistake, there are simple, straightforward wayus of saying it. I know
    >what i am into, if you don't have anything meaningful to say other than
    >insulting and scolding, you should find something better to do. Maybe go
    >showing your hatred by shooting into the crowd.
    >FYI, we're not talking about "hundreds of people kill other people yearly
    >doesn't make killing someone less illegal" as your example suggested, it's
    >totally irrelevant and laughable childish argument. Hundreds of people
    >kill, but that's a small portion of the total population, and we as a
    >society want and do have the means of trying to control it. It's actually
    >more like making drinking coffee illegal. Not only senseless, you can't
    >inforce it.
    >Java
    >>[email protected] wrote:
    >>> Sure, at least 50% of immigrants, if not much higher, were illegal one way
    >>> or the other, what's your problem with that? I'm not here to read your
    >>> mean spirited, cynical, narow minded "moral" preach.
    >>That still doesn't make what you did any less illegal. Just because
    >>hundreds of people kill other people yearly doesn't make killing someone
    >>any less illegal.
    >>It's not mean spirited at all ... it's telling you your legal (or rather
    >>illegal) status, and that you should NOT be in the USA right now because
    >>the consequences are far more serious than your original overstay.
    >>You've proved now twice that you are an absolute fool who doesn't
    >>deserve any help. First you go and overstay long enough to earn a 10
    >>year bar, and as if that's not stupidity enough, you then go and enter
    >>the US while that bar is technically in effect, having been told of your
    >>situation.
    >>At this stage if you want help, you need far more than anyone in a
    >>newsgroup can give you. Time to go visit your immigration lawyer. The
    >>only way you might escape this now is to marry a US citizen before the
    >>INS catches you, but if they do, or you mess up the way you do this, you
    >>can be sure that you'll be gone for good.

Joachim Feise

Stuart Brook wrote:
    > [email protected] wrote:
    >
    >>Well, too late, I already entered with my new visa and I'm here in the
    >>country.
    >>So you are telling me I cannot adjust my status even if I become the
    >>immediate relative of an US citizen (as that is my situation is leading
    >>to)? As I understand it, I can't file for adjustment if I enter without
    >>inspection, which is not my case. Can you cite me the laws that suport
    >>your statement? thanks.
    >
    > Well, now you've entered illegally. Congratulations.
    >
    > I'm not going digging in the INA for the benefit of a lawbreaker. You
    > can pay for that kind of assistance from a lawyer.

I would think this is misrepresentation, covered in INA 212(a)(6)(C):

And INA 237(a)(1)(A) states:

It never ceases to amaze me to what length people go to mess up their lives.

-Joe

Stuart Brook

[email protected] wrote:
    >
    > Never said it makes what I did less illegal, on the other hand, if the law
    > is such that millions of peiple are breaking it, the law itself needs
    > remedies, although I can't be bothered to dicuess this philosophical
    > question now. Go find some info about "registry", it's been around for
    > almost a century.

No but you can waste more time attempting to put me down when it's
clearly you who are very much in the wrong.

There is nothing wrong with the law ... just it's implementation and
enforcement.

    > The way you wrote it is not only mean spirited, it's fascism. You don't
    > know me, you don't know why I had to do what i did, you only know me by a
    > few sentences i wrote;

What does it matter if I know you or not ... you did a stupid thing by
overstaying, and an even more stupid thing by re-entering the US. You
didn't HAVE to stay in the US, unless there was some medical reason
preventing your travelling, and in which case there are other ways to
deal with that problem that you should have taken care of to prevent
being considered an overstay. That would STILL mean you'd have done a
stupid thing.

    > yet you could simply write in insulting,
    > condescending tone, and used phrase like "absolute fool", it just shows
    > your uncontrolable hatred towards certain groups of people.

Anyone who breaks the law by overstaying and then knowing that you have
a 10 year automatic bar and then makes an attempt at re-entry could get
you a lifetime bar is an absolute fool. I don't care whether you're my
brother or a total stranger. It's nothing to do with hatred towards
certain groups of people. I am not lumping you with any other people.
You, on an individual basis, for making the choices you've made, are an
absolute fool.

It's so sad
    > we're in the 21st century and people still can't communicate in a decent,
    > respecful way. You want to tell me i've potentially made a costly
    > mistake, there are simple, straightforward wayus of saying it. I know
    > what i am into, if you don't have anything meaningful to say other than
    > insulting and scolding, you should find something better to do. Maybe go
    > showing your hatred by shooting into the crowd.

I don't hate you. Telling you that you're a fool or a bloody idiot does
not equate to hatred. It's a statement of fact.

    > FYI, we're not talking about "hundreds of people kill other people yearly
    > doesn't make killing someone less illegal" as your example suggested, it's
    > totally irrelevant and laughable childish argument. Hundreds of people
    > kill, but that's a small portion of the total population, and we as a
    > society want and do have the means of trying to control it. It's actually
    > more like making drinking coffee illegal. Not only senseless, you can't
    > inforce it.

That's a bad argument too. It's more like drinking and driving laws.
Your chances of being caught are small, but the penalties are severe.
The fact that millions of people drive regularly over the limit doesn't
mean that the law is invalid. Just because a law cannot be efficiently
enforced doesn't ivalidate the law.

Yet more proof that you are a fool if you believe that you can break a
law because it isn't sensible (in your opinion) and it isn't well
enforced.

Stuart Brook

Joachim Feise wrote:
    >
    > Stuart Brook wrote:
    > > [email protected] wrote:
    > >
    > >>Well, too late, I already entered with my new visa and I'm here in the
    > >>country.
    > >>
    > >>So you are telling me I cannot adjust my status even if I become the
    > >>immediate relative of an US citizen (as that is my situation is leading
    > >>to)? As I understand it, I can't file for adjustment if I enter without
    > >>inspection, which is not my case. Can you cite me the laws that suport
    > >>your statement? thanks.
    > >>
    > >
    > > Well, now you've entered illegally. Congratulations.
    > >
    > > I'm not going digging in the INA for the benefit of a lawbreaker. You
    > > can pay for that kind of assistance from a lawyer.
    >
    > I would think this is misrepresentation, covered in INA 212(a)(6)(C):
    > (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to
    > procure (or has sought to procure or has procured) a visa, other documentation, or admission into
    > the United States or other benefit provided under this Act is inadmissible.
    > >>>
    >
    > And INA 237(a)(1)(A) states:
    > (A) Inadmissible aliens.-Any alien who at the time of entry or adjustment of status was within one
    > or more of the classes of aliens inadmissible by the law existing at such time is deportable.
    > >>>

Which means that marrying a US citizen won't work either! At least as
an overstay, you could get around that ... but now having entered when a
bar is in place puts you in the class of permanently inadmissible.

    > It never ceases to amaze me to what length people go to mess up their lives.

Moreover, it never ceases to amaze me the lengths such people then go
and try to deflect the blame or the inability to get them out of their
mess on other people!

Stuart

Hnchoksi

    >Subject: Re: overstayed & re-entering The US
    >From: Stuart Brook [email protected]
    >Date: 12/5/02 3:50 PM Eastern Standard Time
    >Message-id:
    >Joachim Feise wrote:
    >>
    >> Stuart Brook wrote:
    >> > [email protected] wrote:
    >> >
    >> >>Well, too late, I already entered with my new visa and I'm here in the
    >> >>country.
    >> >>
    >> >>So you are telling me I cannot adjust my status even if I become the
    >> >>immediate relative of an US citizen (as that is my situation is leading
    >> >>to)? As I understand it, I can't file for adjustment if I enter without
    >> >>inspection, which is not my case. Can you cite me the laws that suport
    >> >>your statement? thanks.
    >> >>
    >> >
    >> > Well, now you've entered illegally. Congratulations.
    >> >
    >> > I'm not going digging in the INA for the benefit of a lawbreaker. You
    >> > can pay for that kind of assistance from a lawyer.
    >>
    >> I would think this is misrepresentation, covered in INA 212(a)(6)(C):
    >> > (i) In general.-Any alien who, by fraud or willfully misrepresenting a
    >material fact, seeks to
    >> procure (or has sought to procure or has procured) a visa, other
    >documentation, or admission into
    >> the United States or other benefit provided under this Act is inadmissible.
    >> >>>
    >>
    >> And INA 237(a)(1)(A) states:
    >> > (A) Inadmissible aliens.-Any alien who at the time of entry or adjustment
    >of status was within one
    >> or more of the classes of aliens inadmissible by the law existing at such
    >time is deportable.
    >> >>>
    >Which means that marrying a US citizen won't work either! At least as
    >an overstay, you could get around that ... but now having entered when a
    >bar is in place puts you in the class of permanently inadmissible.
    >> It never ceases to amaze me to what length people go to mess up their
    >lives.
    >Moreover, it never ceases to amaze me the lengths such people then go
    >and try to deflect the blame or the inability to get them out of their
    >mess on other people!


The whole point of this excercise being, the dude is screwed. Give him time,
people: he will find out the facts and consequences thereof, pretty darn quick.
No point in arguing.

L D Jones

[email protected] wrote:
    >
    > Sure, at least 50% of immigrants, if not much higher, were illegal one way
    > or the other, what's your problem with that? I'm not here to read your

This argument will not work with INS if they start deportation
proceedings against you