AW1973

My boyfriend has overstayed his time on the Visa Waiver Program and would be subject to the 10 year ban if he left the US and tried to re-enter. We are planning to marry within the next year or so, but to do so, we will need (obviously) valid identification for him.

His UK passport has since expired. We know about sending it to the British Embassy in Washington DC to get a new one, but we are afraid that they will note that he has no authorization to be here and he will be sent home.

Is this fear unfounded? What are the important things for us to know while we prepare to get this passport renewed?

Thanks

NorthSouth

Overstaying a Visa of any description is considered very serious by the INS and deportation and a 3-10 year ban will be enforced.

Never lie to the INS or knowingly overstay a Visa - it puts you in a worse situation then you think. The INS have ways of catching up with those who are "out of status" ie illegally living in the US. This may be through passport renewal or any other means.

The only time overstays are "forgiven" but NEVER condoned is in the case of immigrants married to US citizens who get married out of status, through genuine love and commitment to a marriage. In this case the INS will accept and process an "adjustment of status" application for "conditional permanent residency" or a 2 year Green Card as its more commonly known. But this system should not be open to abuse, I'm only trying to tell you where you stand.

You need the advice of an attorney if you do marry - I absolutely do not agree with the way you are doing this.

PS I am neither a lawyer nor an official of the INS. My opinion expressed is through personal experience of the law relating to Immigration and the INS.

Patrick

You have to see a lawyer because not only has he overstayed but surely he has also commited some kind of fraud if he has worked illegally. If I were you (and I am not) but I would face the consequence of my actions for love. Get married in England and serve out the 10 year ban in England then go back, otherwise (unless the lawyer tells your different) you will be waiting for this to come back and bite you on the ass. If you face it - it has gone, if you hide and think it will go away it won't

See a lawyer

Patrick

AW1973

Neither one of you has answered my actual question... which was merely if the Embassy would renew his passport now that it is expired, despite the fact that he has overstayed.

As for NorthSouth: I understand the seriousness of overstaying a visa... and so does he. We have not lied about it, nor do we intend to. Furthermore, if you are implying that I am "abusing the system" because we plan to get married, then you are mistaken. We have a deep commitment to each other and if I were not in love, why would I even put myself through the aggravation of dealing with someone who has this sort of issue? I would ask that you withhold judgement. You don't know me, and don't know the particulars of my boyfriend's situation either.

As for Patrick: he has not committed fraud as regards to working here. He has worked "off the books" and never produced any false documentation to get the job he has. Further, we have already seen a lawyer, and were told that AOS would be possible once we were married, and that overstays and illegal work (as long as there were no false documents involved) would be forgiven under that circumstance. There is no way we are going to England for 10 years if we can help it.

My question was a rather simple one having to do with renewing an expired passport while out of status. If anyone has HELPFUL, and NON-JUDGEMENTAL advice, I'd still like to hear it. Otherwise, good luck to all of you.

pepsi

got no chance to be honist, iv seen people banned for less

Patrick

Sorry, my mistake, I do appologise - of course your right he hasn't done anything wrong by working illegally, not paying taxes, working without any legal residence and SSN. Thats perfectly OK, not fraudulent in the slightest. I keep wondering why all these arseholes go through all this paperwork and waste all this time going through the INS when they could just get on a plane, enter the US on a Visa Waiver, find a job and work illegally. Listen up everyone, stop DCF'ing or waiting for NSC to deal with your file - there is nothing wrong with jumping on a plane and working as long as you get paid under the table or "of the books".

God Bless you

Patrick

Patrick

Probably because we don't know, why don't you ring up the embassy and ask if they have any legal obligation to report people who have overstayed and are renewing there passports. The embassy has a loyalty to its citizens and not the host country so it could be that the embassy has no responsibility to tell the US government.

Patrick

pepsi

but , wouldnt you have to provide, some form of identiy to get a new passport if you claim you lost it, i dont know what offical document he could get from the USA?

Patrick

I don't know - thats not my problem, I made the suggestion then retracted it as it may be construde as a bad thing to do. How do people who have their passports stolen on holiday prove there identity to get a new passport abroad?

From the British embassy web site

What do I do if I lose my passport and need one urgently?

Whenever a passport has been lost or stolen, enquiries must be made with the issuing office in order to verify the applicant's identity before a replacement can be issued. This can only be done during normal office hours.

If you have lost a passport and require a replacement quickly, the referral can be done by Fax: to save time. If you require this service, please add a $25.50 referral fee to the amount of your passport application/s if your lost/stolen passport was issued anywhere other than Washington.

When you receive your passport it is always a good idea to note down or make a photocopy of the passport details and save them somewhere safe just in case it is lost or stolen.

Patrick

After a bit of research.

The form you need to fill in for a new passport (whether it is lost or not) has (in the for official use only bit) a section set aside with the heading - immigration status - this form is only for British Citizens applying for a passport abroad so it immigration status must relate to the immigration status of the country you are in (my best guess).

http://www.britainusa.com/consular/c1new.pdf

Patrick

Just Jenney

I was very surprised to see the defensiveness you displayed in your responses to Patrick and NorthSouth. Neither of their responses was mean or vicious. They were simply trying to help.

You asked, "What are the important things for us to know while we prepare to get this passport renewed?" You didn't ask IF you could get his passport renewed -- you've already decided to do that. So the term "important things" could be interpreted any number of ways. Both Patrick and NorthSouth seemed to interpret "important things" as potential problems relating to the overstay, and both tried to provide some reasonable advice for what you probably need to do.

The most "criticism" either of them gave was when NorthSouth said he/she didn't agree with the way you're doing this. It wasn't meant as an insult, and I'm not sure why you took it as such.



Sorry -- you just contradicted yourself there. Working "off the books" IS illegal, it IS fraudulant. The fact that his employer didn't ask for false documentation is irrelevant; your boyfriend knows it's illegal, yet he's doing it anyway. And what he's doing -- working under the table -- makes him no different than a Guatamalan who works illegally picking fruit, or a Chinese who works illegally as a busboy in Chinatown.



It is impossible to provide advice while withholding judgement. Also, we know enough about his situation -- working illegally, overstaying his visa enough to get a 10-year ban, etc. -- to be able to give you good advice. Whether it's advice you want to hear is something else. But honestly, it will be difficult for you to find tons of sympathy from people who are separated from their loved ones for months on end because they're trying to go about things the right way, which you are not.

~ Jenney

pepsi

caps, well said

sirio77

aw1973 ,
I know an guy from england who was in same situation like your boyfriend and he did not have any problems with new passport.
And you can mary your boyfriend even if he is overstayed his visa.


Im very surprised to see how meny people here are against you!
I think they are big fat jealous people who can`t find any girlfriend in their coutry and then come here.

An told you to go in Englad and live there for 10 years!?

Why he does not go in Thailand to live with his fiance?
This is wrong forum if you have questions obout visa overstay or something similar beacuse people here wont halp you.
Visit http://discuss.ilw.com/6/ubb.x?a=frm&s=691603441&f=902603441 for that maters.

.
Your boyfriend did not come in US just to find an girl and get mary for GC or work illegaly like many other persons from third w. country s.
AND INS knows that

Tom Butterworth

I don't think you will have problems getting the passport renewed from the
British consulate although I don't know the inticate details, look at it
this way, suppose you now want to return to your country regardless of what
happens with the INS, then you need a passport from the country you come
from. Tom
"AW1973" wrote in message
news:[email protected]...
    > My boyfriend has overstayed his time on the Visa Waiver Program and
    > would be subject to the 10 year ban if he left the US and tried to
    > re-enter. We are planning to marry within the next year or so, but to
    > do so, we will need (obviously) valid identification for him.
    > His UK passport has since expired. We know about sending it to the
    > British Embassy in Washington DC to get a new one, but we are afraid
    > that they will note that he has no authorization to be here and he will
    > be sent home.
    > Is this fear unfounded? What are the important things for us to know
    > while we prepare to get this passport renewed?
    > Thanks
    > --
    > Posted via http://britishexpats.com

robclews

I don't think you have really read the answers people posted. The whole object of this forum is to provide the person who posted the question with the thoughts and experience of others.

The replies given are honest and frank, most people here do speak the truth and apply genuine reason in responce. If the poster wants a reply that simply confirms what they want to hear, then there is little point in posting in the first place. This is after all an 'open' forum and people are free to post replies provided that they are not abusive.

I also agree that the position this individual is in, is of their own making, and the problems that will arrise from this will have long lasting issues for both these people. It has to be drawn to the attention of the poster that what they may consider as being ok, is not ok in the eyes of the authorities.

So next time you offer a reply why don't you leave the pathetic little jibes about 'fat jealous people who cant get girlfriends in their own country' out of your posting. Those fat jealous people who have replied including myself, are only trying to help and make the poster aware of the problems ahead.