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Denied marriage,because nonimmig. overstay: HELP!

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  • Denied marriage,because nonimmig. overstay: HELP!

    Please help with advise!!!
    Make it short and usefull.
    I entered US on M1 visa (vocational) on jan/94
    nov/95 and since 95 overstayed untill 2000 and i got married for 1 year (NOT filed for Greencard).
    divorced and got married again (filed for Greencard).
    My application got denied because (non-immigrant
    overstay).237(a)(1)(B) and now i got to go befor
    Judge.
    Can Anyone tell me ,whats going to happen and what could i do???
    P.S NEGATIVE point is i'm a Pilot and POSITIVE
    side is Marriage for good Cause and NO Crime.

  • #2
    Please help with advise!!!
    Make it short and usefull.
    I entered US on M1 visa (vocational) on jan/94
    nov/95 and since 95 overstayed untill 2000 and i got married for 1 year (NOT filed for Greencard).
    divorced and got married again (filed for Greencard).
    My application got denied because (non-immigrant
    overstay).237(a)(1)(B) and now i got to go befor
    Judge.
    Can Anyone tell me ,whats going to happen and what could i do???
    P.S NEGATIVE point is i'm a Pilot and POSITIVE
    side is Marriage for good Cause and NO Crime.

    Comment


    • #3
      What do you mean that is a negative point? That has nothing to do with INS. There are thousands of immigrant pilots (including me) in this country and do you think all of them are somehow guilty for being a pilot after Sept.11? Don't forget that there is the FBI working on this kind of cases.

      Email me I want to heat your story, I think I can direct you in your matter...

      Bushmaster78FS@hotmail.com

      Comment


      • #4
        Overstays are usually pardoned if the marriage is one between an Alien and a US Citizen.

        Thus I wonder how your application for a GC, could be denied merely on the basis of your 7-year (Admittedly this is quite a long overstay. How come you waited so long to sort out the problem? Well I guess it wasn't intentional and such long overstays are sometimes inevitable!), except you are otherwise ineligible for an Adjustment of Status due to other causes?

        Have you discussed the details of your case with an experienced immigration attorney?

        And now that you are to go go before an Immigration Judge, it is absolutely necessary that you seek and obtain expert legal advice before proceeding further with this matter.

        This chat forum is helpful in providing a general overview of immigration law and offers some advice in solving individual cases. However, your case is a complex one and going before an IJ can easily result in removal for you. Hence you need the support of an expert immigration attorney.

        Don't spare any expense at this risky stage you find yourself at. For the decision either to use a lawyer or not, could easily turn out to be a life determioning decision for you!

        Bye and Good Luck!

        Comment


        • #5
          I believe there is more to his story...

          Comment


          • #6
            I must be missing something. How in the world of reality can a 5-7 year "overstay" be "unintentional"? My recollection is that airlines were prohibited from flying for the first few days after Sept 11th; but other than that one could easily buy a plane ticket back to wherever. So, how does one overstay "unintentionally"? And more to the point, how did our original contributor manage to support him/herself during these years? Did you win the lottery? Or, and this is just a guess, did you also work without authorization? Or, did you just watch television for 5 years? What pure baloney. Overstaying is 99% a concious decision to disobey our rules and laws. Eating too many *****ies is not a valid defense.

            Comment


            • #7
              I wanted to see what 237(a)(1)(B)is and here is what I got:

              8 CFR PART 237 -- [REMOVED AND RESERVED] (Part 237 removed and reserved effective 4/1/97; 62 FR 10312)

              Comment

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