Frederick

I didnt want to hijack them two threads, thus starting my own with a question if I may as Im a little worried now.

I married a USC back in Feb 08 and started my AOS with an attorney approx 1week after my VWP expired. My VWP expired on the 28 Feb 08. USCIS received my AOS package approx 1 month after my VWP had expired - mid to end of March 08.

Now, Ive already received my EAD and my parole papers.

My question is this, attorney mentioned that my short overstay ( also read in other places ) will be forgiven as I married a USC. However the paperwork wasnt put forward to the USCIS until approx 1 month into my overstay, will I be getting deported now at my green card interview?

Thanks.

fatbrit

Well...at least you're not in the 9th Circuit out there in Florida. Ask your lawyer what the risk is. And do please report back on what he said. Good luck BTW.

Folinskyinla

Hi:

We simply don't know. Was the unfortunate person in a rogue office? It happens. But we don't know.

It pays to remember that our discussion is based upon 9th Circuit law. The 9th Circuit is known for what is perceived as a pro-alien approach. In contrast, the 11th is known as one deferential to the government. However, they are also for the 'conservative' point of "no bullshit."

Also, there is a tendency of the Dark Forces to think the 9th Circuit is quite neat when they issue a decision adverse to the alien.

So, who knows. I'm sure you are going to call your attorney with your concern. You can mention my name. At least your attorney can prepare and not be sandbagged.

There is nothing wrong in being worried. At least your attorney will be able to prepare.

Frederick

Thanks for the feedback. So applying for AOS after my 90 days, will this effect my chances at the GC interview?

From my reading and Googling, I gathered some say one should not exceed 90days for the AOS and some say that the USCIS forgives you - should you marry a USC that is. Like I mentioned my overstay was approx 1 month - the time USCIS acknowledged receipt of my AOS paperwork.

Side note. Some lawyers also seem to give conflicting advice, some say overstay dont matter some say its imperative to file before the 90 days.

Noorah101

You're getting conflicting advice and stories, because there is not just one ruling on it. It's open to interpretation and each case is individual.

Rene

Elvira

... and recent events have resulted in a state of flux.......... which basically means no one seems to know what the heck is going on...

What is done is done... and hopefully things will work out for those who have already filed.

But if it were me I would not go for the WVP Express in the current climate.............. until things (hopefully) settle down and become clearer.

Tracym

Generally in the past such overstays appear to have been forgiven.

Now some cases have appeared in which they haven't.

So as other posters have said - now we have no idea what will happen. In your place, I would definitely mention Mr. F. to your attorney.

Good luck.

Frederick

Thanks.

What will be will be I suppose. Not the end of the world if I get deported, will just take my wife back to blighty with me - most probably on seperate flights though!

YB1

Don't want to seem dramatic but the detention/deportation experience is not a pleasant one. Mine was quite lengthy about 7 days in all.
Couldn't phone or see anyone for 3 days.
You leave with the clothes on your back (they may allow your spouse to bring one suitcase).

good luck!

Folinskyinla

Hi:

I know that I don't like going into detention centers and I know they will let me out! In my experience, they do allow spouse or friend to bring in a suit case.

I find the sentence about the length of your detention to be somewhat confusing: was it "quite lengthy" or was it "about 7 days in all"? In my mind "quite lengthy" is the opposite of "short."

Tracym

If I was locked up, I'd find 7 days "lengthy"! Of course, I might find 7 minutes lengthy too.

I'm sure in comparison to what can happen, it is technically short though.

YB1

it was 7 days but was more than i expected!
I won't ask how you define "a lengthy stay"

ian-mstm

I worked in a federal prison for 2.5 years... a "short" stay was 2 years less a day!

Ian