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katgrl

AOS VWP with long overstay--lawyer necessary??

By katgrl in Adjustment of Status from Work, Student, & Tourist Visas

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katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted

I have a friend that came on VWP 20 years back. I know all the potential issues with VWP overstays and being denied. But she is debating to use a lawyer or not. Anyone in the same situation that did not use a lawyer and got approved?

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

A lawyer will not be able to change the outcome if denied as a VWP Overstayer.

While it may sound like she'll have someone to back her up in reality she has no right to appeal so she'll never get to see an Immigration Judge (which is where a lawyer would be beneficial).

The forms are rather straight forward if one takes the time to read them.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

The way it looks like now, your friend has a very small chance of a successful AOS. The positive outcome has nothing to do with the involvement of an immigration attorney, but about the policy interpretation of the field office that will adjudicate the petition.

At this point, I would just wait for comprehensive immigration reform and whatever path to lawful permanent residence will emerge from it.

If she entered with inspection (which she did), lives in the US for 20 years already, had no run-in with the law, and files her taxes every year (important!), she surely will benefit from whatever is heading our way.

Edited by Just Bob

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

katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
  • Author
Posted

A lawyer will not be able to change the outcome if denied as a VWP Overstayer.

While it may sound like she'll have someone to back her up in reality she has no right to appeal so she'll never get to see an Immigration Judge (which is where a lawyer would be beneficial).

The forms are rather straight forward if one takes the time to read them.

That's kinda my thoughts on it. She actually has all the forms filled out and has for a while. But because of personal reasons, unfortunately couldn't send them! :(

The way it looks like now, your friend has a very small chance of a successful AOS. The positive outcome has nothing to do with the involvement of an immigration attorney, but about the policy interpretation of the field office that will adjudicate the petition.

At this point, I would just wait for comprehensive immigration reform and whatever path to lawful permanent residence will emerge from it.

If she entered with inspection (which she did), lives in the US for 20 years already, had no run-in with the law, and files her taxes every year (important!), she surely will benefit from whatever is heading our way.

I completely understand what you are saying. I have shared with her as much information as I have found. She did talk with a couple attorneys. One attorney thought it was humorous for her to be concerned about being denied due to overstay on VWP. The attorney has not had any denials. From what I know currently, her district office has not been denying or placing on hold, but you never know...

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted
From what I know currently, her district office has not been denying or placing on hold, but you never know...

Where would she be filing? What local office & which Federal Court District? If she is in one of the "safe" areas then her best bet is to file right now but again a lawyer would be a waste of money.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
  • Author
Posted

She is located in St. Louis, MO. So I'm not entirely sure what local office and Federal Court District that would be. How can I find out? I completely agree she doesn't need to waste her money on a lawyer.

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

That would be "United States Court of Appeals for the Eighth Circuit". The thing for her to ask the local immigration lawyers is just how recently they've had a successfuly AOS on VWP Overstay. If they say anything more than a few months then I wouldn't trust the info.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

caeremonarius Explorer

caeremonarius   26

Posted
Filed: Citizen (apr) Country: Spain
 Timeline
Posted

Really, at this point, with a 20-year overstay, I'd tell your friend to file and roll the dice. The best outcome is successful AOS. The worst is deportation. There's really no inbetween. A lawyer could be useful if he/she has a good relationship with USCIS and ICE, and can keep your friend from being detaiedn prior to deportation, in case of a bad outcome. That's the only reason we retained counsel (with a much shorter overstay, although we were successful). The best she can hope for, in case of a bad outcome, is to be allowed to leave the country without being held in custody.

Good luck to her!

Our Timeline (AOS from VWP with short overstay):

Day 00: 19 Sep 2010 AOS package (I-485, I-130, I-131, I-765) sent to Chicago Lockbox

Day 18: 07 Oct 2010 Biometrics appointment letter received for 29 Oct 2010 (dated 01 Oct 2010)

Day 19: 08 Oct 2010 Walk-in biometrics (took about 10 minutes)

Day 47: 05 Nov 2010 Received letter (dated 01 Nov 2010) for Interview on 07 Dec 2010

Day 68: 26 Nov 2010 I-131 TOUCHED: AP approved

Day 73: 01 Dec 2010 I-765 TOUCHED: EAD approved

Day 76: 04 Dec 2010 AP received

Day 79: 07 Dec 2010 Interview at 1 p.m. (took maybe 15 minutes): RECOMMENDED FOR APPROVAL!

Day 82: 10 Dec 2010 EAD received (dated 01 Dec 2010)

Day 83: 11 Dec 2010 "WELCOME TO THE UNITED STATES OF AMERICA" letter received (dated 07 Dec 2010)

Day 90: 18 Dec 2010 GREEN CARD IN HAND! (dated 07 Dec 2010)


Day 000: 27 Nov 2012 ROC package (I-751) sent to California Service Center

Day 005: 03 Dec 2012 Received hard copy of NOA (dated 28 Nov 2012)

Day 244: 29 Jul 2013 Biometrics appointment letter received for 07 Aug 2013 (dated 27 Jul 2013)

Day 247: 01 Aug 2013 Walk-in biometrics (took about 25 minutes)

Day 308: 01 Oct 2013 Received approval notice for ROC (dated 24 Sep 2013)

Day 317: 10 Oct 2013 GREEN CARD IN HAND!

 

Day 000: 16 Sep 2017 N-400 filed online

Day 007: 23 Sep 2017 Biometrics appointment scheduled for 12 Oct 2017

Day 024: 10 Oct 2017 Walk-in biometrics (took about 10 minutes)

Day 059: 14 Nov 2017 Received notice that Interview scheduled for 19 Dec 2017

Day 066: 20 Nov 2017 Received hard copy of Interview notice (dated 14 Nov 2017)

Day 094: 19 Dec 2017 INTERVIEW (PASSED!)

Day 145:  08 Feb 2018 OATH CEREMONY

Boiler Grand Master

Boiler   46,103

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

After 20 years what is the big deal now?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,103

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

It might be useful to have a quick one-on-one with a creative attorney. I thought there were some "deals" for folks who had been here 10 years, it may only apply to EWI folks, but its worth checking into.

Neither

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

It might be useful to have a quick one-on-one with a creative attorney. I thought there were some "deals" for folks who had been here 10 years, it may only apply to EWI folks, but its worth checking into.

I believe you are talking about cancellation of removal. Basically if you have been in the US for ten years or more and have good background then you can apply for cancellation of removal based on that. The catch is you have to be in deportation proceedings to do it AND for anyone who entered on the VWP there is no appeal thus you will not be able to stand in front of a judge in order to ask for this cancellation.

I don't believe that there will be any comprehensive immigration reform. If congress couldn't pass the Dream act, I don't see the impetus for passing any other form of Immigration bill either.

Best of everything.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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