AOS from VWP

[lambo 0]

I entered the US on VWP in November 2001.

I returned to Ireland in April 2002 for 2 weeks for a wedding, and re-entered on another VWP.

I met my husband in 2006 and we married 3 years later.

We plan to file for AOS shortly.

Will my overstaying 2 times be a problem?

[Harpa Timsah 13,258]

This latest overstay will not be a problem, but I may see a problem with the first. If you overstay a single day on the VWP you are no longer eligible to use the VWP. You did use the VWP when you were not eligible to, so there may be trouble there. I am not sure if it would be determined that your latest entry was not legal or charge you with misrepresentation or what else.

[grrrrreat 109]

This latest overstay will not be a problem, but I may see a problem with the first. If you overstay a single day on the VWP you are no longer eligible to use the VWP. You did use the VWP when you were not eligible to, so there may be trouble there. I am not sure if it would be determined that your latest entry was not legal or charge you with misrepresentation or what else.

I agree there may be a problem with misrepresentation here, if you at some point represented that you did not overstay. I do not recall if the question was on the old VWP forms they used before ESTA came on-line. OP was inspected though, so she meets that requirement for adjustment of status. Of course, USCIS may not even know that she overstayed the first time, so I wouldn't bring it up if they don't' ask. You'll have to be honest about the previous times you came to the U.S. though.

Another problem may be how you supported yourself since 2002. If you worked, it's not a big deal, except if you ever lied to anyone and said you were a USC. That would be a big deal.

Side note: why did it take you so long to adjust status?

Edited April 22, 2012 by grrrrreat

[lambo 0]

I came over with some savings and also did some odd jobs babysitting etc. I have never been documented as working...all cash.

My husband has had some tax issues to clear up and we just didn't get round to the filing for AOS.

[grrrrreat 109]

I came over with some savings and also did some odd jobs babysitting etc. I have never been documented as working...all cash.

My husband has had some tax issues to clear up and we just didn't get round to the filing for AOS.

OK, if the tax issues are cleared up it's worth applying for AOS for you. Just be honest if they ask you about previous trips to the U.S., but don't mention the overstay unless they ask. Don't leave the US until you have a Green Card, as by now you've incurred a ten-year ban.

You could run this past a lawyer to make sure no one has missed anything here if you can. Otherwise, read the Guides and send the applications off.

Also, you'll have to send in proof that you were admitted or paroled into the U.S. Usually this is an I-94W form that is stapled into your passport or a stamp placed there by CBP. Hopefully you still have one of these or your application will be more complicated.

Edited April 22, 2012 by grrrrreat

[lambo 0]

Thanks for your advice. I am currently awaiting a replacement I-94 so will file through a lawyer once it arrives.

[EM_Vandaveer 2,408]

I would say you'll probably be fine.