Im worried..out of status for 18 years and almost ready to send my AOS appliication

[Freedove7 17]

My husband of 4 years and I are preparing to send my application.Im worried about this because ive been out of status for so long.What can go wrong ?? He's an American citizen and I know I have special previledges because of that...but still.Any words of encouragement ??Any advice ? im a Canadian citizen and was told that Canada was part of the visa waiver program in 1993 when I came..so If I get denied,wont I get deported ?? I

[Anh map 2,098]

My husband of 4 years and I are preparing to send my application.Im worried about this because ive been out of status for so long.What can go wrong ?? He's an American citizen and I know I have special previledges because of that...but still.Any words of encouragement ??Any advice ? im a Canadian citizen and was told that Canada was part of the visa waiver program in 1993 when I came..so If I get denied,wont I get deported ?? I

You've got some incorrect assumptions. There are no special privileges. You are not shielded from deportation.

Overstays are typically forgiven when adjusting status. For peace of mind you may want to consult with a qualified immigration attorney to review the specifics of your circumstances.

[Freedove7 17]

You've got some incorrect assumptions. There are no special privileges. You are not shielded from deportation.

Overstays are typically forgiven when adjusting status. For peace of mind you may want to consult with a qualified immigration attorney to review the specifics of your circumstances.

What I mean by special priviledges is that I am able to adjust my status in the US even though Im out of status

[Anh map 2,098]

What I mean by special priviledges is that I am able to adjust my status in the US even though Im out of status

Adjustment of Status is not assured. Anyone that enters legally may be able to adjust status.

[JimVaPhuong 4,863]

Adjustment of Status is not assured. Anyone that enters legally may be able to adjust status.

The law generally requires both lawful entry and that they've maintained their non-immigrant status. The second requirement isn't applicable to an immediate relative of a US citizen, which is the "special privilege" she's talking about. If she'd married an LPR then she wouldn't be eligible to adjust status because of the overstay.

Freedove, eighteen years is a long time be out of status. Everything is going to depend on what's happened in that time. Being out of status isn't an issue for an immediate relative of a US citizen. Likewise, if you'd worked illegally in the US then that isn't an issue either. However, some things that definitely would be an issue would be illegally using someone elses Social Security number, or falsely claiming to be a US citizen, or committing any crime that would make you inadmissible to the United States. Any of this stuff ring a bell?

I'm not aware that Canada has ever been part of the Visa Waiver Program. There is a separate agreement between the US and Canada that allows citizens of both countries to visit the other country without a visa. The US treats visiting Canadians under rules very similar to the rules for B2 visas. Canadians are NOT required to waive their right to appeal immigration decisions, as VWP entrants are, so you wouldn't automatically be deported with no right to appeal.

[Anh map 2,098]

The law generally requires both lawful entry and that they've maintained their non-immigrant status. The second requirement isn't applicable to an immediate relative of a US citizen, which is the "special privilege" she's talking about. If she'd married an LPR then she wouldn't be eligible to adjust status because of the overstay.

Freedove, eighteen years is a long time be out of status. Everything is going to depend on what's happened in that time. Being out of status isn't an issue for an immediate relative of a US citizen. Likewise, if you'd worked illegally in the US then that isn't an issue either. However, some things that definitely would be an issue would be illegally using someone elses Social Security number, or falsely claiming to be a US citizen, or committing any crime that would make you inadmissible to the United States. Any of this stuff ring a bell?

I'm not aware that Canada has ever been part of the Visa Waiver Program. There is a separate agreement between the US and Canada that allows citizens of both countries to visit the other country without a visa. The US treats visiting Canadians under rules very similar to the rules for B2 visas. Canadians are NOT required to waive their right to appeal immigration decisions, as VWP entrants are, so you wouldn't automatically be deported with no right to appeal.

Hence the word "may" in my response. Not enough information provided by the OP re: the 18 years spent in the US to be able to give surety in any response. At this stage, seeking advice from a qualified immigration attorney would likely be money well spent.

[Freedove7 17]

The law generally requires both lawful entry and that they've maintained their non-immigrant status. The second requirement isn't applicable to an immediate relative of a US citizen, which is the "special privilege" she's talking about. If she'd married an LPR then she wouldn't be eligible to adjust status because of the overstay.

Freedove, eighteen years is a long time be out of status. Everything is going to depend on what's happened in that time. Being out of status isn't an issue for an immediate relative of a US citizen. Likewise, if you'd worked illegally in the US then that isn't an issue either. However, some things that definitely would be an issue would be illegally using someone elses Social Security number, or falsely claiming to be a US citizen, or committing any crime that would make you inadmissible to the United States. Any of this stuff ring a bell?

I'm not aware that Canada has ever been part of the Visa Waiver Program. There is a separate agreement between the US and Canada that allows citizens of both countries to visit the other country without a visa. The US treats visiting Canadians under rules very similar to the rules for B2 visas. Canadians are NOT required to waive their right to appeal immigration decisions, as VWP entrants are, so you wouldn't automatically be deported with no right to appeal.

You don't know how happy and reassured it makes me feel whenever I get a positive ,non critical answer especially from someone who seems to be knowledgeable about what they are talking about ! Thank you These past 18 years,I've been a student,a wife and a mom.I have never worked nor committed any fraud or crime.Lol

[Freedove7 17]

Hence the word "may" in my response. Not enough information provided by the OP re: the 18 years spent in the US to be able to give surety in any response. At this stage, seeking advice from a qualified immigration attorney would likely be money well spent.

Why should I waste money on a lawyer? At this point,I don't think I'll need one.I entered legally and have never ever done anything against the law besides overstaying.I've been married to my husband for almost 4 years and we've been together for almost a decade...We also have a kid together.Thus,im not committing greencard fraud..I don't see why seeking a Lawyer is necessary at this point.I have a legal representative that is free of charge.If I need her help,she is just a dial away.I filled out all the applications on my own and don't see why a Lawyer is needed to do this if one knows how to read and write in English.Again,please tell me why you think a Lawyer is needed at this point.You encouraging people to unnecessarily spend money is not okay.

Edited December 15, 2011 by Freedove7

[Brother Hesekiel 2,236]

Now that everybody has scared the living daylight out of you, let me tell you that in my opinion you do not have to anticipate any problems when adjusting. I remember your quite unusual personal story from Yahoo's immigration section, and as long as you did not pull any stunts while being in the U.S., you'll be fine.

A common issue with Canadians in general is the lack of an I-94 form in the passport that would document that they entered the United States with inspection. However, since your mom dragged you into the U.S. when you were just a child and the fact that Canadians in particular have no problems to be admitted to begin with -- and had even less problems back in 1993 -- will overcome any assumption of illegal entry, even though the burden of proof lies on you. This is the only possible issue that may come up.

Furthermore, the main focus at the AoS stage is that the marriage is bona fide. The fact that you are happily married with children for quite some years now, will also work in your favor.

Bring all the documentation you have, if possible anything you can find to show when exactly you entered the U.S., plus documents pertaining to your shared life as husband and wife and mother, and all will be fine.

[Freedove7 17]

Now that everybody has scared the living daylight out of you, let me tell you that in my opinion you do not have to anticipate any problems when adjusting. I remember your quite unusual personal story from Yahoo's immigration section, and as long as you did not pull any stunts while being in the U.S., you'll be fine.

A common issue with Canadians in general is the lack of an I-94 form in the passport that would document that they entered the United States with inspection. However, since your mom dragged you into the U.S. when you were just a child and the fact that Canadians in particular have no problems to be admitted to begin with -- and had even less problems back in 1993 -- will overcome any assumption of illegal entry, even though the burden of proof lies on you. This is the only possible issue that may come up.

Furthermore, the main focus at the AoS stage is that the marriage is bona fide. The fact that you are happily married with children for quite some years now, will also work in your favor.

Bring all the documentation you have, if possible anything you can find to show when exactly you entered the U.S., plus documents pertaining to your shared life as husband and wife and mother, and all will be fine.

Sorry for replying so late !My passport has a stamp from immigration which indicates the date of entry.Is that good enough ? How do you know that im the one who posted on yahoo answers ? Lol

[trillium13 84]

FWIW, my husband overstayed for over 10 years on VWP, and we had no problems with AOS. There was a similar story to yours (someone from Canada) who adjusted with no issues last year or so.

[Brother Hesekiel 2,236]

Sorry for replying so late !My passport has a stamp from immigration which indicates the date of entry.Is that good enough?

Yes, that should do the trick.

How do you know that im the one who posted on yahoo answers ? Lol

Because I'm smart and pay attention.

[Freedove7 17]

FWIW, my husband overstayed for over 10 years on VWP, and we had no problems with AOS. There was a similar story to yours (someone from Canada) who adjusted with no issues last year or so.

I feel reassured !!!

Yes, that should do the trick.

Because I'm smart and pay attention.

Scary..Do you know my full name as well ? lol