Avoiding Fraud charges

[Spoom 8]

File for AOS with an I-601 waiver for the overstay. Be completely honest with them. That should get you the best chance.

A competent immigration lawyer would be a good consideration.

Applicants Seeking a Waiver of Inadmissibility Based on a Three-Year or 10-Year Bar Pursuant to INA Section 212(a)(9)(B)(v)

T nonimmigrants visa status holders seeking exemption from only INA section 212(a)(9)(B) do not need to file this form.

If you are inadmissible because you have been unlawfully present in the United States in excess of either 180 days (three-year bar) or one year (10-year bar), you may seek a waiver by filing this form.

The waiver may be granted if your qualifying U.S. citizen or legal permanent resident relative (spouse, parent), or the K visa petitioner would experience extreme hardship if you were denied admission.

For TPS applicants and VAWA self-petitioners, see special instructions below.

For information about how you can establish extreme hardship, please see "What Evidence Should Be Submitted With the Application?" (Page 7).

[Boiler 45,927]

This conflicts with your statement earlier, I think. I thought you were agreeing that the OP should just do AOS without the other concerns that were discussed by others.

Nothing has been said that suggests that this would not be the best course of action.

[Starburst 4]

I had a pretty big overstay when I applied for AOS, however I also did NOT leave the US once I was married. I think that is the problem for you. That you HAVE been going back and forth all this time and then staying for long periods of time.

I'm not really sure what the best bet would be. If you leave the US and apply you'd trigger a ban, no? Maybe a waiver is the way to go as previous posters have stated.

Regardless, I wish you the best of luck and def talk at lengths with a lawyer! Take everything you read on this site with a grain of salt and remember that everyone's situation is different!

Good Luck!

/starburst

Edited April 14, 2010 by Starburst