Overstay from VWP - ICE?

[edindzeko 0]

I have posted a bit of my store before. In a nutshell, I am currently working on filing for an AoS to stay here legally. I am married to a USC and we are happy together, and I have no qualms at all on proving this marriage was rather spontaneous than planned.

Anyway I heard somewhere that ICE can identify a random overstayer (VWP or any non-immigrant visa) without actually checking the person out? Is that true? It sounds crazy, but is it?

And finally, what's this "Provisional Unlawful Presence Waiver" about? Is there a need to obtain any sort of waiver while filing for AoS?

[Penguin_ie 5,996]

Overstay is forgiven when AOSing based on marriage to a USC, so no waiver needed.

I am not sure what you are talking about with ICE- how would they identify you? I mean yes, they have in the computer when you entered but they don't normally just run a program that spews out all overstayers and dispatch officers to your adress as given on ESTA- they are plenty busy as it is. Technically, they can deport you until AOS is filed. Realistically, that is very unlikely to happen unless you come to their attention somehow (comit a crime etc).

[edindzeko 0]

Yes that's what I am wondering. Apart from having a problem with the law (committing a crime, DUI, felony etc.) then I shouldn't really worry correct? I've been keeping low profile since I overstayed and got married and I've been OK so far. I was just thinking maybe they decide to do random checks on VWP entrants & their address?

[Penguin_ie 5,996]

They really don't have the time for that. Can it happen? Yes. Is it likely to? No- I'd say less than a 0.1 chance.

Even if it somehow does happen, we have had cases on here where the ICE folk simply told the couple to file NOW- of course, you cannot count on that.