overstay, need background check

[bennyb 0]

Folks, I have a problem. I overstayed more than 5 years. I am leaving the US, but to get that visa I need a police background check. I live with my fiancee who is about to get a green card.

To get my PBC, I need to go to a police station to get my fingerprints.

Are there alternatives, like private detective agencies? Maybe they will take the prints; they will have less experience with overstays, so they won't report me hopefully.

Any danger to my fiancee? Since we're living together, I hope the INS won't punish her too if they link both of us.

Suggestions?

[Killer_Clown_2009 0]

Where are you going to that you need a VISA?

[kim&james 0]

This I think is a case for a good immigration attorney... best of luck

[kitkat1 5]

but to get that visa I need a police background check.

What kind of visa are you trying to get?

[bennyb 0]

The question was what kind of visa I am interested in. It's an application for a permanent residency in a European country. Since I lived here in the US, and overstayed, I need a background check from here. Yikes!

[lostinblue 1,989]

The question was what kind of visa I am interested in. It's an application for a permanent residency in a European country. Since I lived here in the US, and overstayed, I need a background check from here. Yikes!

It is best not to leave the country until you have a long chat with a good lawyer that deals with this situation.

[JM23 0]

The question was what kind of visa I am interested in. It's an application for a permanent residency in a European country. Since I lived here in the US, and overstayed, I need a background check from here. Yikes!

It is best not to leave the country until you have a long chat with a good lawyer that deals with this situation.

Since that you overstayed for 5 years your going to have a hard time coming back to the US. If your going to adjust your status, meaning getting a greencard its best for you not to leave the US. The USCIS forgives when adjusting your status.

[JM23 0]

BennyB do yourself a favor and DO NOT LEAVE the country or the USCIS would give you a penalty for each year you overstayed here in the US. Its best for you to marry your fiancee and let her petition you and then when she becomes a United States Citizen you can adjust your status to LEGAL permanent residence

[ChristinaM 0]

Firstly, this guy's fiancee is about to get a green card. This means that he's going to accrue a whole lot more overstay time if he waits for her to become a citizen before they file anything. Don't forget that being the spouse of a LPR is not like being the spouse of a USC - there is no immediate visa number available to him.

Benny, you need a consultation with a lawyer experienced in gaining visas where you want to go. An attorney specialising in US immigration is not going to do you any good, since from what you've said there is no way that you can do anything to give you immediate status here. It may be a case of 'fessing up to the overstay time, but I would imagine it would make another country less inclined to give you a non-immigrant visa.

It would be helpful to know -

1) What kind of visa were you on when you entered?

2) What is your nationality?

3) What is your fiancee's nationality?

4) Where, specifically, are you looking to get a visa to?

5) For what purpose?

You see how difficult it is for anyone to help you effectively without that information! Perhaps you could also explain why you're looking to get a visa out of the US when your fiancee is only just about to establish residency here in the US - but that's merely a matter of trying to understand the overall plan, rather than any implication on your visa.

[Triniqueen 0]

Folks, I have a problem. I overstayed more than 5 years. I am leaving the US, but to get that visa I need a police background check. I live with my fiancee who is about to get a green card.

To get my PBC, I need to go to a police station to get my fingerprints.

Are there alternatives, like private detective agencies? Maybe they will take the prints; they will have less experience with overstays, so they won't report me hopefully.

Any danger to my fiancee? Since we're living together, I hope the INS won't punish her too if they link both of us.

Suggestions?

Hi, If you have plans of spending the rest of your life in the US, you should not leave the country. When your fiancecc becomes a citizen you guys can marry and USCIS will forgive the fact that you overstayed. ( I'm not sure what the laws are if you guys get married and she is only a Green card holder) I overstayed for more than 5 years and after I married my husband ( a USC) I got my green card a few weeks ago. Good luck and I hope things work out for you and your fiancee.

[kitkat1 5]

I really don't understand what the question is.

He said "It's an application for a permanent residency in a European country. Since I lived here in the US, and overstayed, I need a background check from here".

This has zero to do with US immigration law or processes.

If you are currently in the US, get the printprints and police report from here before you leave.

[Killer_Clown_2009 0]

I thin he is worried that the local police department will report him to ICE and that they may check into his history and then his girlfriend who is pending a green card will get in trouble (due to same address).

[kitkat1 5]

I thin he is worried that the local police department will report him to ICE and that they may check into his history and then his girlfriend who is pending a green card will get in trouble (due to same address).

If that is indeed the case, there's no real reason for concern. People get fingerprints for a variety of reasons -- employment, for example, and it's rather unlikely anyone would be reported. After all, the FBI makes fingerprint requests available to anyone for only $18 and they don't report people or turn them in.

[bennyb 0]

I thin he is worried that the local police department will report him to ICE and that they may check into his history and then his girlfriend who is pending a green card will get in trouble (due to same address).

If that is indeed the case, there's no real reason for concern. People get fingerprints for a variety of reasons -- employment, for example, and it's rather unlikely anyone would be reported. After all, the FBI makes fingerprint requests available to anyone for only $18 and they don't report people or turn them in.

Yes yes yes! That is why I am worried, that the local police will turn me in, because she and I have the same address. Thanks for addressing my concern. I hope that you are correct that they won't report me to the ICE.

So what should we do? Should we just go to the local police, pay the fee, show our passports and hope no one notices the expired visa? I sure hope that it's that easy.

And about the comment about green card, and extending our overstay: we are trying to better our lives, and if it means staying here in the US for 5 more years until the green card is obtained by her, or leaving the US for that overseas job, then we will choose what's best for us, for our safety and future lives. We are not criminals, yet we are hiding because of a past bureaucratic oversight which would ruin us if we were caught. Like millions of people, we have no real allegiance to any country, but whichever we choose to live in, we will abide by its laws, of course. But for now, we are trying to get out of this jam. We don't wish to inconvenience anyone, and we are certainly not taking any jobs away from anyone else. That's our reality. It sucks for now, but with your help, we will overcome this. happy holidays!! Benny

[Yodrak 7]

JM23,

No, that's not how the penalty for overstay works.

Yodrak

..... the USCIS would give you a penalty for each year you overstayed here in the US. .....