Bushmaster.....i did not mean this answer (cussing for you....meant for racist). I apologize for typing your name. Umesh Passi YOU ARE WRONG. I speak because I know. My husband overstayed!!!! I don't know where you got your 3-10 yr. ban info.....dear, especially because we just went in for special registration and boy, i'd think they would have kept us there since he was out of status. I think you mean well but you are providing misinformation and scaring people without knowing. Believe what someone said above. If you enter legally and marry, for real, a USC, you are ok.
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ME, I hope you are still reading this.
Umesh Passi, you may want to review the Immigration and Nationality Act.
INA Section 245(c) covers inadmissibility for violation of status. You may be interested to know that it does not apply to immediate relatives (spouse, parent, child of USC)
INA 212(a)(9)(B) covers unlawful presence. It only applies if the alien departs the US. If you stay in the country- no 3/10 year bar.
Me, if you are in the US and married to a USC, file for adjustment.
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I married a USC in March of 2001 and was 'covered', so to speak, by the April 30, 2001 deadline for the 245(i) law. After filing with my lawyer, etc., I was interviewed in June at the Newark, NJ immigration office. After several months, I got my conditional green card and was able to visit my family in Singapore after 10 years of overstaying here.
I agree with everyone in this thread, don't GO home until you get your green card. Go ahead and marry this USC. But make sure it's for real. The questions they asked me at the interview are very intimate.
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