what happens if i become illegal?

[mawilson 2,133]

Well, since you entered on the VW program, you are in trouble. If you had applied to adjust status before your stay was up, then you could adjust to become a Legal Permanent Resident, but since it looks like you won't get in your application in time, the US government will consider you immediately deportable because you entered on VWP.

That's incorrect.

You can adjust from VWP just like you would any other visa. For adjustment purposes,

it doesn't matter whether or not you overstayed your visa or VWP, but you should

nonetheless file the I-485 (and I-130, concurrently) as soon as possible.

[Fandango 1,439]

Correct me if I'm wrong, but isn't an overstay forgiven if he's still here and now married and eligible to file AOS? We're not talking a previous overstay.

[Deputy Purple 1,294]

Overstay isn't being forgiven for VWP Overstayers any more. This is a recent change that came about earlier this year.

The common trend is Denial & summary deportation as VWP entrant waives their right to appeal.

[Rob and Jill 82]

That's incorrect.

You can adjust from VWP just like you would any other visa. For adjustment purposes,

it doesn't matter whether or not you overstayed your visa or VWP, but you should

nonetheless file the I-485 (and I-130, concurrently) as soon as possible.

Read what He said above

They are changing the laws all the time!

[Harpa Timsah 13,258]

Thanks for the back up guys! Yeah, we also already established in an earlier thread that the OP is in California, where some offices have sent out a memo indicating that all VWP overstayers who file AOS MUST be denied at the interview. I did read elsewhere that that memo hasn't been put into effect yet though, and instead those cases are being put on indefinite hold... which is still bad.

To be very clear, some districts are proceeding as before and accepting AOS from VWP overstay, but others are not.

[amykathleen2005 441]

In order to be able to come back to the US and live with as little trouble as possible you must leave now before the VWP expires. If you wait you will not be able to easily return to visit. You are too late to adjust status because USCIS will never accept your application in time, so that is out and with the current legal state of things you will be deported once they do get to it.

File CR-1 now, get out of the US before the 23rd when your VWP expires (try to go to Canada and come back in, or just go home), enjoy the full benefits of the VWP all through your CR-1 process, get CR-1 approval and greencard, live happily ever after.

[Boiler 45,516]

The OP ran another thread covering pretty much the same ground.

And was given clear answers.

I really think you should have a consultation with an Immigration Lawyer. There ar so many things about the process you have failed to grasp.

[VanessaTony 3,567]

If i entered the US legally and married a US citizen but then become illegal, what happens? Are there places in the country that we can still apply to become a resident after 3 years or marriage? I understand its a risk but I just want to know incase.

Illegal means you ENTERED illegally. You don't "become" illegal, you become "out of status".

Now lets get some things straight.

- You entered on the VWP and had NINETY (90) days of authorised stay.

- IF you had married and filed AOS (and it was accepted by USCIS) before your 90 days of authorised stay were up, you would have no problem.

- If you file AOS after your 90 days of authorised stay are up, you run the risk of being denied and deported, no chance of appeal. You live in California so this risk is almost a guarantee

- Once your 90 days of authorised stay are up, day 91 becomes day ONE (1) of overstay.

- If you stay more than 180 days PAST the end of your authorised stay (effectively 90 days +180 days of being in the US) you will get a 3 year ban once you leave the US.

- If you stay more than 365 days past the end of your authorised stay (90 days + 365 days of being in the US) you will get a 10 year ban on leaving the US

- If you get deported (which is possible once you are past the first 90 days of stay) then you get an immediate 10 year ban.

- You CANNOT simply "wait it out" in the US. As you entered on the VWP, you CANNOT AOS, no matter how long you are here, once you are past the 90 days of authorised stay.

As previously stated, the "3 years to become resident" is incorrect. It's 3 years of BEING a LEGAL resident (married to a USC), you can become a citizen". This does not apply to you.

Your need to leave before your stay period is up. You can come and visit while your immigrant visa is being processed using the VWP. If you overstay by even 1 day, the VWP is no longer available to you.

[VanessaTony 3,567]

No my VW ends on the 23rd and we have no time. I have no money for a plane ticket because of thanksgiving, and just want to know what could happen. I read somewere that after being married 3 years you can apply to become a resident?? are there ways you can leave the US without being banned? Its not something i want to do i just need to know. Thanks

So you cannot afford to leave the country before your stay expires? Then you need to borrow the money from family or friends or something. If you do not leave before or on the 23rd then you have begun your overstay.

This means you CANNOT return on the VWP anymore. You will need a spousal or visitors visa.. it's unlikely they'll give you a visitors visa as well because you have a spouse in the US, and because you have previous overstay. You will need to file for a spousal visa (CR-1)

so if i file AOS befor the 180days is that possible. if i leave before 180days after the 23rd i will not be banned and have no problem?

You cannot file for AOS.

If you leave before 180 days after the 23rd you will NOT get a 3 year ban. If you have a ban you would need to file more paperwork, it would take more time, and cost more money. Leaving ASAP is in your best interests. If at ALL possible before the 23rd, do it.

[Deputy Purple 1,294]

I have no money for a plane ticket because of thanksgiving

If you entered the US with the intent to return to your home country how do you not have either a return flight or the money to pay for one?

[Boiler 45,516]

A VWP entry requires a return ticket.

[marlea 84]

Try to go to Canada and come back in

This is very questionable. CBP see this as circumventing the VWP 90 day rule. This could lead to more trouble. Better that the OP just return home to the UK.

[Deputy Purple 1,294]

try to go to Canada and come back in

Actually, there was someone on VJ who did that and they said their authorized stay wasn't extended since they just hopped across the border & back.

[LIFE'SJOURNEY 970]

They can leave today or tomorrow, Thanksgiving isn't until next Thursday, so what's the hold up. The US immigration don't approve cases base on excuses.

This won't help:crying:

[Deputy Purple 1,294]

Another reason to not try the "Jump across the border to get a new Authorized stay"...

What if they are denied re-entry because they don't qualify for another 90 day VWP visit immediately after exiting the US? Then they are stuck in Canada/Mexico and have made the situation even worse.

So I guess the real question is: What happened to that return ticket?