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    I know somebody come to US legally and overstay in 96. after that he left the country and come back illegally. He still have the passport of 96 and I94 of 1996. If he married to a US citizen can he get an green card. Thanks

  • #2
    when he left the first time he was inspected at POE therefore he won't be able to apply for grren card through a US citizen in the US because he came back illegally (not inspected at POE), he has to go back home file for a waiver, wait for it to be approved then he can proceed with green card filing in his home country.

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    • #3
      JC,
      I strongly disagree with YOU..In 1996 there was no inspections at dep[arture point, you just had to give back your I 94 to the flight attendant and fill a piece of paper given by the same flight attendant.

      As it looks jhumpir9's friend was sleek enough to keep the I 94 which means he/she filled the paper given back to the flight attendant by wrongly spelling his/her name which makes him/her untreacable by the system.

      I know many people who did that.

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      • #4
        jhumpir9 - Kalla may be right, but it is a dangerous game that he is playing.

        Under current law, if you have overstayed a visa by more than a year (let's hope this is not the case here!) and then re-enter illegally you are ineligible for any type of reprieve (i.e. no waivers, no nothing, he would have to serve out the bar)

        Thus, whatever tactic this person decides to take to become legal (going back to his home country and pretending that he never returned after his overstay, or pretending that he has never left the USA) should be the route where he is least likely to be caught.

        If he left through an airport, especially if he gave he real name and just pretended he lost the I-94 or something, then there is a definite danger involved with saying that he never left (there is always the chance that they have a record).

        If however, he snuck out of the country by crossing the border on foot, he might be able to get away with pretending that he never left....

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        • #5
          Spouse, you're suggesting a K-3 (with possible waiver) after that?

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          • #6
            Kalla "JC,
            I strongly disagree with YOU..In 1996 there was no inspections at dep[arture point, you just had to give back your I 94 to the flight attendant and fill a piece of paper given by the same flight attendant". And what do you think that flight attaendants do with the I94's put it in the garbage, it gets forwarded to the INS.

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            • #7
              JC,
              If you read well, the individual in question still has his/her I94 from 1996 despite exiting the the country which means hte info was not forwarded to ANYONE since the I94 was NOT given back.

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              • #8
                Still Learning - I don't necessarily know enough to recommend anything. It is a relatively risky situation in general with a harsh penalty (see INA section 212(a)(9)(C)) if discovered. My only recommendation at this point is that great care be taken in the making of the decision.

                JC and Kalla - you are both right and you are both wrong. We don't really even know if the original poster left through an airport. The I-94 was not taken. This means that it is possible that the person left without being stopped at a POE (walking into Mexico for example) or that misinformation was given when leaving the airport which would make them more difficult to trace.

                HOWEVER, my husband left the USA several years ago, using only his identification card from his country. Thus, he didn't turn in an I-94 or anything, but they still caught him on the way back in. Sooooo, some type of knowledge is out there, especially if accurate information was given.

                So, in reality we need to learn more from the original poster....

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                • #9
                  Thankyou so much everybody for your advise. Well he come in 1996 on visitor visa and overstay till 2003 and then left to Canada by his car. And as you might know there is no checking of US custom or Immigration if you go through car in canada infact the first official after the toll tax guys you see are canadain custom and immigration so there is no record that he leaves or not. And then he sneak in but the problem is he surrender his driver license in ontario canada and get an ontario license. Does he get nail for that. He sneaked in US after that and get a US driver license claiming his old driver licensed lost. I know there is lot of bad played here but if you are out of status sometimes there is not much choice. Please let me know thanks

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                  • #10
                    Did "he" go to Canada to avoid Special Registration? Hmmmmmmmmmmmmmmmmmm?

                    If so, better take THAT into consideration.
                    Sweet Madame Belu

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                    • #11
                      hmmmm... I am not sure about the driver's license thing. I am going to say that if he were applying for Canadian residency there would be a chance that would show up. BUT he is applying for US residency...

                      So question, at one point the person has to list all countries in which a person has lived. Will he have to write that he lived in Canada at any point? If so, the risk could augment.

                      I guess the other question would be whether or not his fingerprint had to be taken for the Canadian license (most US licenses don't require this, but I know some South American countries do require it...)

                      Finally, I would ask exactly when he and his fiance met and for a few details on their relationship.

                      Assuming no fingerprints and no living in Canada, etc. I think I might risk AOS (in fact if he and his fiance met after the Canada trip this increases this as the better option). It is likely to work if he and his wife have their story straight and BCIS doesn't ask too many questions (and neither of them have extremely expressive faces when it comes to lying...)

                      It could work very well and without any hitches, but one should be careful and should plan for the worst. If a long time was spent in Canada (i.e. a year or so) and he met his fiance before he left, I might say that there is less lying involved with the I-601 route (and thus a better chance of the application working) - but that would force him to leave the country again.

                      The thing is that, under current law, there will have to be some degree of lying involved. If BCIS learns that he was here for over (unlawfully) left and returned (illegally) then he would be barred for 10 years from the USA with no relief.

                      (of course if for some reason he did something like what Jo said it would have to be taken in consideration as well.)

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                      • #12
                        This is reduculous. Illegal is illegal. Breaking the law makes you a criminal. Once a criminal always a criminal. Sure you can pay society with jail time or fines or by other means and in affect say I am sorry and will not do it again. But I see no repentance just another scam to be illegal.

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                        • #13
                          Once a criminal always a criminal.
                          Geesh, with that kind of mindset, why don't you start executing every prisoner in the jail right now? Afterall, they're all criminals without hope of rehabilitation.

                          Ridiculous statement like this really is a shining example of your intelligence (or lack of).

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                          • #14
                            Once a grint always a grint!

                            Once a criminal always a criminal!

                            Once a fraudster always a fraudster!

                            Grint = criminal = fraudster = I-751ers. XOXOXOXOXO!!!!!

                            AMERICA – LOVE IT OR LEAVE IT!!!!!!!!!!!

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                            • #15
                              That makes you're nothing but a criminal with your hate speeches. From now on everytime booob mentions criminal, he's simply mentioning himself.
                              Talk about a twist of fate

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