I-130. Does out of status in US = illegal in US?

[grrrrreat 109]

I called a CPB officer today and found out that I was illegally present in the US between contract -even if my 1-94 card would not expire for another 4 to 6 months - because the purpose of my TN was no longer being meet. Can I still fill for an AOS? Furthermore I collected UI in the US in between contract thinking that I could - since I still had a valid 1-94. CIS will find that out since I have to present them with my last 3 years tax record. Should I even proceed onward? Or will I be thrown to jail?

You can still adjust. In fact, if you leave now without adjusting you may incur an overstay ban (although it's unlikely for Canadians until they're actually removed). The only relevant requirement for adjusting is that you entered through a port and not without inspection. I don't have any idea about unemployment but that's a state program anyway, not federal. It's actually you're U.S. citizen spouse that has to send in tax records, not you. And why in the world did you call a CBP officer?

Just read the guide and start the adjustment process.

Edited June 27, 2012 by grrrrreat

[Harpa Timsah 13,258]

As I told you before, you should adjust within the US. As I said, there is a small chance you were admitted in error, and you should have a ban on you. If that is the case you will file a waiver from within the US, and stay with your wife while it is processed (this happens at the end of the AOS process). If you leave the country and you have this ban, then you will not be allowed to reenter and you will have to file the waiver and wait outside the US, separated from your wife.

If you have this ban, there is nothing you can do, but wait to be denied and file a waiver. You will not be thrown in jail. I personally think it is better to wait here, then wait somewhere else, but maybe you think differently.

[Harpa Timsah 13,258]

Could you outline exactly what you are afraid of? Because you seem to be calling everyone on the planet, and making multiple threads, and I still don't understand your concern. Is it jail?

[STRIXO 1]

Could you outline exactly what you are afraid of? Because you seem to be calling everyone on the planet, and making multiple threads, and I still don't understand your concern. Is it jail?

Harpa Timsah, your advice are very helpful. Thank you and I"m very sorry for the multiple thread being annoying. I'm new at all this, this is a wonderful resource and I fell I've abused it out of anxiety.

My big concern - illegal presence in US - has been clarified and I don't see it as a huge threat anymore (namely the 10 years ban from the US) as if it comes to that, it can be contoured with a waiver.

As UI, the state had all the documents they needed and I don't feel I did anything wrong. Thanks for reassurance.

All right, let me explain why I was so worried about the 10 year ban. I signed up for classes in Ontario, Canada for this fall. I got married with my US wife in January 2012. We decided that we were going to take the I-130 path only because I took on professional work in the US via a new TN. (March 2012) Now you are aware that taking on a new TN means I told CBP at the border that I intend to be here only temporarily. That being said, to justify my intention of temporary stay in the US with this new TN visa, going I-130 only makes sense with an interview being held at the US consulate in Montreal. Here you have it, that's why I was so worried about the 10 years ban...On the other hand, if I were to chose to go AOS within the US then how would I explain that my intention wasn't to stay in the US while taking a new TN? You tell me that wether here or in Canada IF EVER CIS puts a ban on me (I know there's only a slim chance) I could file a waiver - how long could this process take?

[STRIXO 1]

You can still adjust. In fact, if you leave now without adjusting you may incur an overstay ban (although it's unlikely for Canadians until they're actually removed). The only relevant requirement for adjusting is that you entered through a port and not without inspection. I don't have any idea about unemployment but that's a state program anyway, not federal. It's actually you're U.S. citizen spouse that has to send in tax records, not you. And why in the world did you call a CBP officer?

Just read the guide and start the adjustment process.

Thank you for your reply Great. What do you mean by (although it's unlikely for Canadians until they're actually removed)?

[Harpa Timsah 13,258]

Harpa Timsah, your advice are very helpful. Thank you and I"m very sorry for the multiple thread being annoying. I'm new at all this, this is a wonderful resource and I fell I've abused it out of anxiety.

My big concern - illegal presence in US - has been clarified and I don't see it as a huge threat anymore (namely the 10 years ban from the US) as if it comes to that, it can be contoured with a waiver.

As UI, the state had all the documents they needed and I don't feel I did anything wrong. Thanks for reassurance.

All right, let me explain why I was so worried about the 10 year ban. I signed up for classes in Ontario, Canada for this fall. I got married with my US wife in January 2012. We decided that we were going to take the I-130 path only because I took on professional work in the US via a new TN. (March 2012) Now you are aware that taking on a new TN means I told CBP at the border that I intend to be here only temporarily. That being said, to justify my intention of temporary stay in the US with this new TN visa, going I-130 only makes sense with an interview being held at the US consulate in Montreal. Here you have it, that's why I was so worried about the 10 years ban...On the other hand, if I were to chose to go AOS within the US then how would I explain that my intention wasn't to stay in the US while taking a new TN? You tell me that wether here or in Canada IF EVER CIS puts a ban on me (I know there's only a slim chance) I could file a waiver - how long could this process take?

Okay, so from what you said (it's kind of confusing), it seems your main fear now is that you have to prove that you didn't intend to stay in the US last time you renewed your TN, right? Well, I got news for you. You do not need to prove anything. It is perfectly reasonable to change your mind, and the law allows for this. Furthermore, immigrant intent is not reason enough to deny an AOS based on the spouse of a US Citizen. So, as I said before, you have nothing to worry about regarding intent.

I already stated my opinion on the 10-year ban. I don't think you have it, but if you do, and were admitted in error, I think it is better to stay here and apply from here, and submit waiver from here.

I am not sure if you will make it for classes in Canada in the fall. The GC process takes 3-5 months. It is nearly July, so the earliest I think it will be approved is October 1. The whole point of applying for a GC is that you want to live here with your wife... not in Ontario. I am confused on that point.

[grrrrreat 109]

Thank you for your reply Great. What do you mean by (although it's unlikely for Canadians until they're actually removed)?

Canadians don't start accruing illegal presence until they are ordered to leave, so you probably wouldn't incur an overstay ban even if you departed the U.S. BUT the safest and best thing for you to do right now is to adjust, so put all the rest of it out of your mind until you're finished adjusting.