New Waiver Ban
Oct 7th 2010, 1:45 pm
#1
Just Joined
Thread Starter
Joined: May 2009
Posts: 20
New Waiver Ban
Hi
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)
and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)
and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!
Oct 7th 2010, 2:23 pm
#2
Septicity
Joined: May 2004
Posts: 23,762
Re: New Waiver Ban
Hi
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)
and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!Can he move to the UK if the worse comes to the worst? Beyond that, you'll have to hang on and see what happens.
Oct 7th 2010, 3:53 pm
#3
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: New Waiver Ban
Hi
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!
I came to the US last July 2009 visiting friends and my boyfriend. I fell pregnant September 2009 (complete shock by the way)
and was scheduled to leave in October. We went and saw an immigration attorney and they stated that I could either go back and he apply for fiance visa or overstay and apply for Green Card. Well seeing as I was pregnant we thought it best to stay and apply for the Green Card. We got married in December 09. We sent all relevant forms off and paid alot of money only to be told last week that the 5th Circuit courts (NY/NJ area) recently as of August ruled that it is up to the USCIS officer to decided whether or not to approve the green card for an applicant who is adjusting status off of a visa waiver program. The Visa Waiver program waives the applicants rights with regard to adjusting status. I'm currently in North Carolina, so its a gamble and not sure if the immigration officer will deny me or not. If they send me back it will be a minimum ban of 3 years. Any insight on this would be much appreciated!
Oct 7th 2010, 4:11 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: New Waiver Ban
Your previous thread is here: http://britishexpats.com/forum/showthread.php?p=8891297
What sort of help/insight do you want?
What sort of help/insight do you want?
Oct 7th 2010, 4:37 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,388
Re: New Waiver Ban
Meauxna beat me to it Lavendar. Other than what was said in your first post http://britishexpats.com/forum/showthread.php?t=687839 I can't fathom what else you want to know? Yes, if you are denied, you cannot challenge the decision and yes, the time spent in the US, might even after having filed for AOS might well count as an overstay. The length of the overstay determines the length of the ban.
You have an attorney who is on top of things. She/he seems to feel that there is a good chance you will be okay since NC has not yet started denying AOS of petitions filed for AOS after the expiration of their VWP.
You have an attorney who is on top of things. She/he seems to feel that there is a good chance you will be okay since NC has not yet started denying AOS of petitions filed for AOS after the expiration of their VWP.
Oct 7th 2010, 6:04 pm
#7
Joined: Apr 2002
Posts: 35,082
Re: New Waiver Ban
Just think of the date we'll have, Ian. We'll be so intent on making each other tell The Truth, we won't have eyes for anyone else.
