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Results 1 to 9 of 9

Thread: Just overstayed or now illegal?

  1. #1
    Guest
    I have a friend who entered this country on a B1 visa over 13 years ago. This friend has left and re-entered the country at least three times; the first time after being here for a couple of years, the second after a couple more years and the third time about 3 years ago. Don't ask me why he wasn't stopped by the inspector upon re-entry but he was allowed back in. I think he may have lied to the inspector the last time. Anyway, he is now planning on marrying a soon-to-be USC and will likely try to adjust his status. Will this be possible? Will he be considered to have just overstayed his visa or is he now in the country illegally?

  2. #2
    Guest
    I have a friend who entered this country on a B1 visa over 13 years ago. This friend has left and re-entered the country at least three times; the first time after being here for a couple of years, the second after a couple more years and the third time about 3 years ago. Don't ask me why he wasn't stopped by the inspector upon re-entry but he was allowed back in. I think he may have lied to the inspector the last time. Anyway, he is now planning on marrying a soon-to-be USC and will likely try to adjust his status. Will this be possible? Will he be considered to have just overstayed his visa or is he now in the country illegally?

  3. #3
    Guest
    In fact, he has overstayed. If he will leave the United States then he will be barred for 10 years to enter the United States. Best for him is to get married and when his wife becomes a USC then apply for his AOS.

  4. #4
    Guest
    Thank you Shadow. Just one more question - the lie to the inspector shouldn't affect his ability to adjust his status, should it?

  5. #5
    Guest
    Case is of overstaying, there is no lie about it. This is a fact that the person has overstayed.

  6. #6
    Guest
    Actually, I am of a slightly different opinion. He might be considered overstayed, but only if his leaving and re-entering of the country is not on record. If he entered the country via a POE and spoke directly to an official (as implied by the fact that he "may have" lied to the official) it is very likely that there is some record of his entrance.

    Also, what exactly did this lie entail? This is very important. Did he pretend to be USC? Did he enter with false documentation, or did he just say that he planned to stay one week when he was really planning on staying longer. Some of these options mean that if he is caught he might never be allowed to return to the USA (ie pretending to be USC) if he entered using somewhat fraudulent documentation, he may be deportable.

    Of course, all of this also depends on his likelihood of being caught!

    But, from the little bit I can tell about the case, it sounds like there is a good chance that there is some sort of record of his having left the country and returned without proper documentation, which could make him illegal.

    Please provide more information if possible.

    http://members.lycos.co.uk/usimmigration

  7. #7
    Guest
    Because he entered the country legally, this "friend" can adjust his status if he gets married to US citizen. It doesn't matter if he has overstayed.
    The question of "lie" is irrelevant. Of course he lied to the INS inspectors about the length of his intended stay in this country. Obviously all people who want overstay will lie.

  8. #8
    Guest
    Okay, very similar situation - my friend came in 1990 under VWP, stayed (overstayed) a few years, went back home for a couple of weeks, was able to return without any problems. Was here a few more years, went home for two weeks and was able to return without any problems. Married a USC, tried to get in under 245i but had filed too late. Went home for a week, was stopped by inspector on return but allowed to enter. Divorced USC, now planning to remarry. Will this person be able to adjust status?

  9. #9
    Guest
    Since he has come in on a visa waiver, he should be able to adjust status (it is the same as entering on a visa, and is therefore not considered illegal entry) however, if they discover that he has overstayed, left and re-entered, he may be required to file a waiver form.

    http://members.lycos.co.uk/usimmigration

    Disclaimer:
    I am not a lawyer, this is based on the extent of my knowledge. You may want to consult with a lawyer before making a final decision.

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