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I SERIOUSLY need some advice!

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  • I SERIOUSLY need some advice!

    Hi guys,

    I hope someone in here can give me some sound advice.

    Ok, here is our situation:

    Before my husband and I got married, I tried to apply for a visa to enter the USA to as we wanted to be together, but I was sent my application back by the American Embassy as they said that British currency was not taken to apply for any visa`s to enter the USA.

    By this time, time was running short and everything else was arranged and as people had put a lot of work into arranging our wedding we could not postpone it as it was staged at a public festival in Dallas, so, we decided that we would apply for my son and myself to have applications submitted as soon as we got here.

    Unfortunately, not long after we were married, my husband was made redundant by the City of Dallas, hence we couldn`t afford to pay for our applications. Now he is working again, but I have overstayed the time limit that is set on entering the USA on a passport.

    Now, I am very scared at what the implications of this is going to be.

    When my son and I left the UK, I had given everything up. My home, my job, everything and as such, now would find it impossible to go back to the UK and as money is still tight, would have to find all the help we could get, but submitting our applications is paramount importance to us now.

    Please, PLEASE can somebody give me some advice on what consequences I can expext to come of this and what action I can take to avoid being deported?

    Also, if we submitted applications now, would they still be accepted for approval?

    Thanks from one very scared woman in Dallas.

  • #2
    Hi guys,

    I hope someone in here can give me some sound advice.

    Ok, here is our situation:

    Before my husband and I got married, I tried to apply for a visa to enter the USA to as we wanted to be together, but I was sent my application back by the American Embassy as they said that British currency was not taken to apply for any visa`s to enter the USA.

    By this time, time was running short and everything else was arranged and as people had put a lot of work into arranging our wedding we could not postpone it as it was staged at a public festival in Dallas, so, we decided that we would apply for my son and myself to have applications submitted as soon as we got here.

    Unfortunately, not long after we were married, my husband was made redundant by the City of Dallas, hence we couldn`t afford to pay for our applications. Now he is working again, but I have overstayed the time limit that is set on entering the USA on a passport.

    Now, I am very scared at what the implications of this is going to be.

    When my son and I left the UK, I had given everything up. My home, my job, everything and as such, now would find it impossible to go back to the UK and as money is still tight, would have to find all the help we could get, but submitting our applications is paramount importance to us now.

    Please, PLEASE can somebody give me some advice on what consequences I can expext to come of this and what action I can take to avoid being deported?

    Also, if we submitted applications now, would they still be accepted for approval?

    Thanks from one very scared woman in Dallas.

    Comment


    • #3
      It is important to know on what kind of visa you entered the US.

      Please let us know.

      Comment


      • #4
        I'm not sure if a waiver would apply to your case, but usually marriage to a U.S. citizen will cure visa overstays. If this applies to your case, it is quite possible that a permanent resident application could be approved.

        Comment


        • #5
          Thats not the case, Not in every case waiver can cure the overstay ? there are many other things involved. Here is some example.

          To be very clear, First of all one has to figure out if the alien is qualified under what law.
          IF the Alien is entered ,inspected and paroled then 245a is applied to alien.
          245i is not for the alien who enter legally. where ever if person is illigal then only he qill be qualified for 245I and he can onle preserved his eligiblity if the petition is filed before the expiration date of 245i on his behalf.
          For inspected people, if the person is overstayed then ther are many other claused to be looked into, for example if the person granted Voluntary departure,both parties waived, and he is overstayed his departure , didnot filed the motion timely, and applied for AOS , even he has his I-130 approved he is not allowed to adjust the status. IF he applied for Motion at the later stage his motion will be denied and he will not be able to adjust because INS will loose the Jurisdiction and court will not open his case because its not timely appealed.
          See above it can't cure the overstay even if he married to USC and Approved petition?The point is ,its depends upon case by case to figure out if the waiver can cure or not.

          Comment


          • #6
            Thanks to all of you for you input.

            It does seem as though we are going to have to hire a lawyer as neither of us is totally sure on what course of action that we should take.

            We are both just ordinary people who don`t have a great understanding of the immigration laws.

            I just wish that life could be a bit simpler, but I do understand why it has to be this way.

            We would both be very grateful for any more avice that we could get form anyone who might have found themselves in the same predicament.

            Thanks so much.

            Comment

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