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  • overstayed! deportation?

    i am getting married soon to my bf. i was wondering that i have to be afraid that they can deport me even that i am married to a USC?
    and what kinda paper do i have to file?
    im thankful for every help.
    ina

  • #2
    i am getting married soon to my bf. i was wondering that i have to be afraid that they can deport me even that i am married to a USC?
    and what kinda paper do i have to file?
    im thankful for every help.
    ina

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    • #3
      What's your status now?

      Comment


      • #4
        No, you won't be deported as long as you get your butt of the chair, and go get the forms you need to apply for change of status.
        From the time you send your file to the INS, you won't have any problem at all, but play it safe and send your necessary papers.
        Go to the website below, and they have the forms, explaining what you need to send the ins.
        WWW.ins.gov

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        • #5
          The complete web site is www.ins.usdoj.gov

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          • #6
            Just to add to file ur papers u should have been inspected at port of entry i.e to enter USA with a visa.

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            • #7
              being married (or even worse yet, just haven gotten married recently), doesn't eliminate the eligibility for removal.

              If you can adjust, without the threat of removal, depends on what the basis for a "deportation" is in your case.

              If it is a moderate to serious criminal conviction etc., a marriage to a U.S. citizen will have next to nothing of an effect to keep you here. If it is an overstay or out-of-status issue, your spouse may have to file some waivers (for inadmissiability etc.) and have more evidence available that the marriage is indeed bona fida and not to just adjust your status.

              Good luck!

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              • #8
                i came to the us with an inspection.. so the crime i did was just overstaying. i was just wondering that if i apply that they might deport me for overstaying.
                i gave up everything back home and dont wanna go back and the most important reason .. i dont wanna leave my bf.

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                • #9
                  As long as you entered legally , your overstaying is forgiven. Even if you worked without authorization that won't be revisited by the IIO. You're safe girl, congratulations!You don't need any waiver for these violations that I mentioned.

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                  • #10
                    if you have overstayed by more than 180 days you are subject to a bar from the USA. However, if you have committed no other crime, you are eligible for a waiver called the I-601. Do not quote me on this, and you may want to double check it, but I believe that if you file for adjustment of status and the I-601 you will not be required to leave the country until after you receive notification regarding the approval or denial of your case.

                    If you are denied, I am under the impression that you will be given voluntary departure (deportation) and asked to leave the country until your bar is over.

                    The waiver process should take at least a year before you are accepted or denied. I believe you may also appeal if you are denied.

                    I am not 100% sure of this, but either way, if you overstayed by more than 180 days I recommend that you at least consult with a lawyer.

                    In the meantime DON'T LEAVE THE USA!!!!

                    Good luck!

                    Comment


                    • #11
                      I-601 is a waiver for excludability that is if you came here with visa fraud, misrepresented some facts to get some immigration benefits, some minor crimes committed, then you can use this waiver.If you came here with proper visa , inspected and lawfully admitted but you overstayed and worked without authorization, these are immigration problems that can be forgiven if married to USC.You don't have to submit any waivers for these violations.

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                      • #12
                        brown fox
                        can u explain this a bit further, if the only crime was an overstay of less than 180days are you saying no 601 waiver will need to be applied for, or is this only if you are inside the US?

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                        • #13
                          If you overstayed more than 180 days and are not in the USA an I-601 is generally the appropriate waiver.

                          If the overstay was less than 180 days I don't think that a bar (neither 3 or 10 year bar is placed into effect) Without that bar the wavier would be unneccessary.

                          I am not aware of any consequences for short overstays, but you may want to check as I am not even close to being a lawyer.

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