So close to AOS, but am I inadmissible?

[VanessaTony 3,567]

the true question now is how will the ( I graduated in 1998, got OPT and then overstayed until now.) affect her now. think most on vj over looked this

The overstay is irrelevant. The overstay is forgiven as a spouse as a USC. No-one overlooked it, it just doesn't matter.

[VanessaTony 3,567]

Jkb11, I see what you're saying. As I mentioned, I believed I was in status when I applied for the EAD and that I was presenting accurate information in the application. Whether that's enough, I don't know.

As for the overstay, I'm getting married (which is why I originally posted this in another section) so my understanding is that would be forgiven.

The overstay isn't a problem as you know.

Your entry however...

© Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

(ii) <snip>

(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

One of your problems is that you entered on the visitor visa because you were worried you wouldn't be able to enter otherwise. That's fraud and that's something you knowingly did. Basically you committed visa fraud. That's obvious.

The next problem is you "gained a benefit" on your tourist visa entry that you weren't entitled to, the EAD. That's another misrep.

Honestly, i don't know how you thought you were "in status" the whole time when you know you entered on the visitor visa. After your entry you kept presenting yourself as a student when you weren't. You entered illegally (visa fraud), gained an EAD illegally (claimed to be a student entrant when you werent), worked illegally (on the EAD you shouldn't have had) and in the face of all of that... your overstay while forgiven, CAN be held against you as a negative factor (it, along with the other things, shows a complete disregard for the laws of the US).

So yes. I believe you will need to file a waiver. If your waiver request is denied you will need to leave or you will be deported. If it's approved all the other stuff doesn't matter anymore.

As others have stated, I would hire an immigration attorney to help you. I would not DIY this one personally.

Edited July 7, 2013 by VanessaTony

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I can see a possible mis rep charge and in country waiver.

Definitely have a Lawyer handle this one.

[abishai 0]

Thanks for the replies. I'll be seeking out an attorney again and hope for the best. It does sound like I stacked the deck against myself, unfortunately.