ukgirl26

i came here in 97 as part of the au=pair in america and stayed a year. I came back in 2000 on a visa waiver and overstayed until September 2003 then went back to england for a 8 week vacation. I then came back in November 2003 through the visa waiver, overstayed then met my husband in 2004, we got married in March 2006. Just had our immigrationn interview yesterday in Chicago and got denied because i left in 2003!!!

We now have to apply for a I-601 Application for Waiver of Grounds of Inadmissability and our lawyer said that it is very rare when a waiver is granted so we are freaking out. Any help on how to get the I-601 approved.

TRPardoe

This has to be a classic reason why visitors should never overstay their visas.

Good luck.

Manc

And you're surprised it was denied?????
you broke the law.


I'm surprised they didn't stick you in shackles and march you off to O'Hare for a flight back to Heathrow there and then.......

10 year ban awaits from the USA.

p.s. do not put your email address or other personal info in the content of your messages.

Sue

You would be better posting your question in the immigration section of the site.

Manc

or moving back to the UK

BritGuyTN

So you basically overstayed two times and are confused as to why they denied you?

As someone who spent nearly $10,000 in legal fees to move here legally, I fully support the USCIS action.

In fact, maybe the site should sticky this so that other people can see that immigration here is not a laughing matter and not to be taken lightly.

Sorry for bring an Asshole in advance

fatbrit

The most comprehensive 601 self-help site is: http://immigrate2us.net/forum/viewforum.php?f=26

franc11s

Here is how I understand how it works :-

If you OVERSTAY(no matter how long) and then get married to a US citizen, you can apply for Green Card and all will be fine. The OVERSTAY will be foregiven.

If you overstay and then leave and then somehow come back undetected, YOU are actually then here ILLEGALLY and not here as an OVERSTAY. The coming back on the Visa Waiver put you in the USA immediately in the ILLEGAL camp. This happened because by definition of the OVERSTAY, you were not entitled to re-enter via the VISA WAIVER program.

You should have just stayed off the radar and not applied for GC. Now you've tried to gain status as an original OVERSTAY which is incorrect, you could very likely be deported.

My neice sadly overstayed, got married and left the USA to see her sister in the UK BEFORE all the paperwork was finalized. She was NOT allowed back into the USA and is on a 10 year ban. They gave up fighting it and her US husband now leaves in the UK (8 years to go).

Bob

Overstay would be forgiven if you don't swan off before AOS'ing...and the fact that she shouldn't have been admitted the second time around is probably one of the problems, having an overstay means you ain't allowed to use the VWP as you said.

Will have a hard time proving hardship for the waiver, probably better off saving the money and move to the UK.

BrigieDarling

This is usually when Pulaski pops up!

leedsPaddy

What I am curious about was how immigration at the POE didn't pick up on her previous illegal activity when she came back in November 2003, when the automatic 10 year ban should have been in place. Obviously she is a dumb-a-s-s who is clueless to the world of US immigration and the ironic thing is.....had she never left the US in the first place before marrying her husband and filing, she wouldn't have a problem now.

ukgirl26

thanks for clarifying that i am a dumb-a-s-s, i love you too! If i knew that i was going to meet my husband and get married then i would never have left....i had to go home for a family emergency....plus i was younger then and i made mistakes and no, the immigration law was not on my first agenda......not everybody knows the immigration system, i just figured that if they let me back in then i was fine. I an not saying that what i did was wrong because it was and i now understand the law, it just seems strange that if i would have stayed here illegally for all this time i would have been fine (seems a bit weird.) I am sure in this lifetime we have all done things that we are not proud of and am sure that if things had gone differently in them situations different outcomes would have happened. I am just asking for advice here not public bashing!

Silly Sod

So, this person came here for help and got a load of bigoted conservative, self righteous BS from a bunch of bitter Buggers who have nothing better to do. I like this place but some of these replys are shocking. If you can't help then why bother to post the obvious i.e. (paraphrasing) this is a great example of why not to overstay etc etc ad nauseum.
There have been some useful replys which is good but mostly I am suprised.
I hope this person comes back but I would be suprised if she did.

Good luck.

BigDavyG

Have to agree with this - some rather contemptuous posts on the thread.

Ray

And you opinion matters because................