Overstay as minor, able to file k-1?

[pushbrk 12,975]

Your best bet would be to get married and file AOS. You can stay in the US at that point. The only issue you might have, is if you are required to get police certificates from every country you've live in since you were 16. But I am not sure if that is required for AOS since I am going the K1 route. But if you are going to do it, you should do it before you leave on VWP.

Police Certificates are not required when adjusting status but the only country she's been in for more than six months since age 16 is the USA anyway. You don't get a police certificate for the USA. USCIS just checks the record themselves.

From the OP's story, don't think she qualifies for that either.

The police certificates shouldn't be a problem, since the OP says that she lived in the U.S. since age 7 and returned to S. Korea in her twenties...she could possibly ask relatives in S. Korea to assist with that process.

We went to Korea for three weeks. Not an issue.

Also, I concur, she does not qualify for the new deferral program because she is currently legal for one and because she left, she has not been continuously living here.

Edited August 25, 2012 by pushbrk

[Boiler 45,663]

Yes. That's what I said. You must stay to complete the AOS though. Don't leave, even with advance parole.

Some context would help. If he/she stays to adjust status there is no ban. Bans are for people who are outside the USA. Waiver apply only after a ban is determined. You can't ban somebody from entering, when they are already here.

She left, the ban came into effect.

There is mention of an E2 so I am assuming she was in status until 21, but having left at 23 there would be a 10 year ban for illegal presence.

She then was able to renter on the VWP, another issue.

If she had stayed having entered legally I would agree she would have been able to adjust normally.

[inukim09 0]

Police Certificates are not required when adjusting status but the only country she's been in for more than six months since age 16 is the USA anyway. You don't get a police certificate for the USA. USCIS just checks the record themselves.

We went to Korea for three weeks. Not an issue.

Also, I concur, she does not qualify for the new deferral program because she is currently legal for one and because she left, she has not been continuously living here.

if you read http://www.uscis.gov/USCIS/Resources/daca.pdf , it states that "a brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent form the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012.

I haven't read anything about me not being able to apply since im on a VWP. How would others come back to the states after a "brief, casual, and innocent absence.?

[pushbrk 12,975]

She left, the ban came into effect.

There is mention of an E2 so I am assuming she was in status until 21, but having left at 23 there would be a 10 year ban for illegal presence.

She then was able to renter on the VWP, another issue.

If she had stayed having entered legally I would agree she would have been able to adjust normally.

She is HERE, NOW. She entered legally. You cannot ban entry for somebody who already entered legally and is ALREADY HERE.

Edited August 25, 2012 by pushbrk

[Boiler 45,663]

She is not being banned, she has been banned.

If for example she had as she should have done applied for a B2 she would have also needed a d3 waiver.

But that would only have been for non immigrant purposes, if she sought to adjust she would need an immigrant waiver.

I do not know if there will be a misrep possible charge from using the VWP.

I am going to guess there was a new passport involved so her prior presence was somehow missed.

[pushbrk 12,975]

She is not being banned, she has been banned.

If for example she had as she should have done applied for a B2 she would have also needed a d3 waiver.

But that would only have been for non immigrant purposes, if she sought to adjust she would need an immigrant waiver.

I do not know if there will be a misrep possible charge from using the VWP.

I am going to guess there was a new passport involved so her prior presence was somehow missed.

You're still ignoring that a ban is a ban on entry. You cannot ban entry when the entry has already taken place. There was no misrepresentation because there is no ESTA question regarding previous overstays. You've been ignoring BOTH those facts in this thread, presumably to pursue some false agenda. Please pay attention.

[Boiler 45,663]

She had a bad, she has a ban, she will have a ban until at least 10 years from the date of her departure.

She will need a waiver.

[pushbrk 12,975]

She had a bad, she has a ban, she will have a ban until at least 10 years from the date of her departure.

She will need a waiver.

Ban from what? She's HERE.