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RobynSway2709

what happens if i become illegal?

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Filed: Other Timeline

Meh. This is a game of semantics. Neither the INA nor Code of Federal Regulations define the term "illegal alien", though it's used several times in 8 CFR as a general reference to aliens without lawful presence. Several dictionaries, including Random House and Webster, define the term to apply to both EWI's and overstays. That alone should be enough to say that it would not be grammatically incorrect to refer to someone who overstays their visa as an "illegal alien".

"Illegal immigrant", on the other hand... This term does not exist in immigration law because it's an oxymoron. A person who is an "immigrant" under immigration law has lawful status. A person who is "illegal" does not. It's not possible to be both an "immigrant" and "illegal".

"Undocumented immigrant" is a politically correct euphemism used by people who are offended by the term "illegal".

Semantics, indeed, Jim, but we somehow need to distinguish between EWIs and Out of Status for the simple reason because it makes all the difference in the world when it comes to immigration and, more specific, AOS. You wouldn't believe how many people are asking questions on various immigration sites about AOS issues and every single time we need to figure out whether or not they are EWIs or out of status. For that very practical reason, clinging to semantics here makes sense.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-1 Visa Country: Vietnam
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Semantics, indeed, Jim, but we somehow need to distinguish between EWIs and Out of Status for the simple reason because it makes all the difference in the world when it comes to immigration and, more specific, AOS. You wouldn't believe how many people are asking questions on various immigration sites about AOS issues and every single time we need to figure out whether or not they are EWIs or out of status. For that very practical reason, clinging to semantics here makes sense.

Then we should not use ambiguous terms like "illegal alien" when the distinction between lawful and unlawful entry is critical. "Illegal alien" means unlawful presence. "EWI" means unlawful entry.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Lol. I was being tongue-in-cheek, but when I wrote that I was thinking particularly of the carefully worded questions on the petition and visa application forms that ask if you, during the 1940s, yada yada yada were affiliated with the fascist regime of Germany. So old timers. If there was such a thing as an illegal person, they'd be right at the top of the list. They may actually be illegal per se.

Neo nazis merely have distasteful political opinions until they break the law. Old school nazis may be illegal people, per se.

Yup, I gotcha. Don't think Castro would stand much hope either... :D

Actually, Boiler, this is the one time I have to disagree. I entered Manchester, England on a VWP without a return ticket. The officers at the gate gave me hell, but they let me in the country.

Is that something the US requires?

Even though they call it a reciprocal agreement, the VWP I mean, it's not necessarily the same conditions. For example, entering the US on a normal VWP grants you 90 days. Enter the UK on a normal VWP grants you 6 months.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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Actually, Boiler, this is the one time I have to disagree. I entered Manchester, England on a VWP without a return ticket. The officers at the gate gave me hell, but they let me in the country.

Is that something the US requires?

The VWP is for travel TO the US, right...? So if you were visiting the UK from the US, you weren't using the VWP. Unless I'm misunderstanding your post, of course. The VWP does require a return or onward ticket, AFAIK.

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

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Filed: Citizen (apr) Country: Australia
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The VWP is for travel TO the US, right...? So if you were visiting the UK from the US, you weren't using the VWP. Unless I'm misunderstanding your post, of course. The VWP does require a return or onward ticket, AFAIK.

You are correct. The UK doesn't call it the VWP, but a similar program to the VWP does exist for the UK, same for Australia. In Australia it's called ETA here: http://www.immi.gov.au/visitors/tourist/976/eligibility.htm I just personally find it easier to call it the VWP so people know what I'm talking about.

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The websites say that they may ask for proof of return/onward travel, or for proof of your purpose in visiting. So it may be that you could produce a pile of proof showing that, for example, you were here on business and had to attend 3 meetings and would be staying at X hotel and did not know if you would have to meet someone the following week so did not have a return ticket but had plenty of money with which to buy a one way business class ticket home. I'm sure that it's the same as everything else: if you have a lot of money you can do anything :)

Also, I think maybe the StarX entered with a return ticket but then stayed past that date?

Edited by JoannaV
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