Overstayed tourist visa, got married - In need of advice.

[Unidentified 2,930]

Hej!

"Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status to a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and Diphtheria Toxoids
• Pertussis
• Haemophilus influenzae type B
• Hepatitis B
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices"

Source: http://www.uscis.gov/news/questions-and-answers/vaccination-requirements

I am surprised you don't want a flu shot from the States. It's the Scandinavian ones that I am terrified of. Especially the one from Finland a few years ago that they skipped all testing of and people got narcolepsy...

Here is more info on the flu shot from the same webpage as above:

"Q. When does the flu season start for purposes of the seasonal flu vaccine requirement? Since the seasonal flu vaccine is required, do I have to get the seasonal flu vaccine if it is not the flu season?
A. For purposes of the immigration medical examination, the flu season starts on October 1 and ends on March 31 each year. If your immigration medical examination is during this period, you are required to have the seasonal flu vaccine. If you have an immigration medical examination completed between April 1 and September 30, when it is not the flu season for immigration purposes, you are not required to document that you have received the seasonal flu vaccine.

Q. Can I be forced to be vaccinated for immigration purposes?
A. If you refuse to receive the vaccines required for immigration purposes, as mandated by the immigration laws of the United States, your application for legal permanent resident status may be denied.

Q. What will happen if I refuse to receive one or all of the required vaccines?
A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

• You are opposed to vaccinations in any form– that is, you cannot obtain a waiver based on an objection only as to one vaccination
• Your objection must be based on religious beliefs or moral convictions; and
• The religious or moral beliefs must be sincere.

The form used to apply for a waiver depends on the adjustment category under which you are seeking legal permanent residence status. For example, refugees and asylees seeking adjustment of status should file Form I-602, Application by Refugee for Waiver of Grounds of Excludability. Individuals seeking adjustment of status as a result of an approved Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker, would file Form I-601, Application for Waiver of Grounds of Inadmissibility."

I hope it helps!

Edited December 6, 2014 by Maria&Seve

[icv21 110]

You just have to file:

I-130 ( petitioner in this case your wife ) $420

I-864 ( affidavit of support )

I-485 ( beneficiary you ) $1070

I-765 ( this will allow you to work while you wait for the green card, takes a maximum of 90 days to be approved) free

g-325A ( both of you )

I-693 ( medical exam )

I-131 ( advance parole to be allowed to travel while waiting for the green card ) free

Don't hire a lawyer! Your process is simple filling those documents and wait for USCIS.

You can do it yourself

Edited December 6, 2014 by IRIScv

[icv21 110]

I came here with ESTA too and I didn't know my now husband would propose to me and ask me to stay. So I didn't have any documentation. My family had to mail me my vaccinations book and birth certificate.

So if you have family in Sweden who can do it for you, if you have all the vaccines they will just do a blood test and TB test on you. But I believe they put the flu vaccine during flu season..... Which I don't believe in flu vaccines either....

You will also need to print your I-94 proving you entered the country legally

You can get it here: https://i94.cbp.dhs.gov/I94/request.html;jsessionid=nJR3JDsHyQQv98cz2z52SjNLCNQTm9MnDNZ53GDcvvW2bFjDdhhV!-1326691254

Edited December 6, 2014 by IRIScv

[MacUK 983]

You've been working in the US since you got there?

Working illegally is forgiven for someone adjusting status due to marrying a USC, just the same as the overstay is forgiven.

But, and it's a pretty important but, when you got your job how did you prove that you was able to work in the US?

[NotMoreForms 68]

For the I-693 (Medical report) they will test your antibody level for various diseases so even if you have previously had the vaccine they may still require a new vaccination. I don't know the specifics as my antibody levels were good.

The application process for AOS can be done yourself. Using a lawyer is not too expensive compared to the application fees. Note that the application is sometimes rejected for no good reason. It happened to me (reason, application incomplete, even though it was prepared by a top immigration lawyer, and I checked it twice before signing). Our lawyer made one phone call and it was accpeted with the original date and with the USCIS people running with their tails between their legs (they had not noticed we had a lawyer). A similar thing happened to a colleague's son. My colleague checked the application with his son, they made no changes, resubmitted and it went through. So a lawyer is not necessary but when things do not go as you expect, an experienced lawyer can make it much less stressful.

Good luck!

[assaliou 1]

Hi,you do not need to go back in your country but I advise you to hire a lawyer ....I know it will be expensive but it's more safe and you will have your green card in three months or less.....

[AB loves AG 54]

Hi,you do not need to go back in your country but I advise you to hire a lawyer ....I know it will be expensive but it's more safe and you will have your green card in three months or less.....

How can a lawyer guarantee a green card in 3 months or less? . This is not true.

[belinda63 3,047]

It's the working in the US that has me concerned. What proof did you provide for the I-9? You should really quit the job when you file. Working illegally is forgiven but I wouldn't take chances working after you file since you will know it is illegal.

[Ning 619]

Hi,you do not need to go back in your country but I advise you to hire a lawyer ....I know it will be expensive but it's more safe and you will have your green card in three months or less.....

Why exactly do you advise the need for the lawyer?

How would they be granted a G card in 3 months or less? Where do you find this info?

[kcoyclay1 98]

You just have to file:

I-130 ( petitioner in this case your wife ) $420

I-864 ( affidavit of support )

I-485 ( beneficiary you ) $1070

I-765 ( this will allow you to work while you wait for the green card, takes a maximum of 90 days to be approved) free

g-325A ( both of you )

I-693 ( medical exam )

I-131 ( advance parole to be allowed to travel while waiting for the green card ) free

Don't hire a lawyer! Your process is simple filling those documents and wait for USCIS.

You can do it yourself

The OP cannot file for advance parole. Individuals who overstay their visas must not leave the country. I adjusted from a tourist visa.

[Swedish Robby 0]

To clarify a few things, I am not working here in that sense, the reason I wrote I have to leave for my work is I am a music producer DJ, and haven't worked here illegally. Any shows I have done the clubs always pay cash. But the reason I will need to leave the country as soon as possible is I have been turning down tours and shows in Europe where I get most of my income from.

Other than that I run a record label based in Sweden, so I haven't been working here in that sense illegally.


For all people saying I have to get the flu shot, do you know if there's any way around this at all.

I consider these flu shots to be pure poison and people from sweden and finland had some awful side effects including narcolepsy and other awful syndromes of the side effects.
Once again thanks so much to all of you who are helping me so much, all of the posts are making it so much easier for me, and I am forever thankful

[icv21 110]

The OP cannot file for advance parole. Individuals who overstay their visas must not leave the country. I adjusted from a tourist visa.

I'm a overstay myself too and I wasn't going to file for advance parole but people in the forum actually told me to do since it's free. This week I got my EAD and AP card and even I won't use it I still recommend to people to apply for it in case of serious emergency

[icv21 110]

To clarify a few things, I am not working here in that sense, the reason I wrote I have to leave for my work is I am a music producer DJ, and haven't worked here illegally. Any shows I have done the clubs always pay cash. But the reason I will need to leave the country as soon as possible is I have been turning down tours and shows in Europe where I get most of my income from.

Other than that I run a record label based in Sweden, so I haven't been working here in that sense illegally.

For all people saying I have to get the flu shot, do you know if there's any way around this at all.

I consider these flu shots to be pure poison and people from sweden and finland had some awful side effects including narcolepsy and other awful syndromes of the side effects.

Once again thanks so much to all of you who are helping me so much, all of the posts are making it so much easier for me, and I am forever thankful

I agree with you in all the flu thing. Actually I was just talking with my sister in law about it today how so many people die and bad things happen, and she told me CDC sent a message apologizing saying the flu shot this 2014-2015 winter won't work! I wonder if there is something you can do with it since its CDC who says it's not worth to put

[icv21 110]

Oh also when you mentioned about working illegally you say you don't work illegally because the clubs pay you cash.

That's still considered working illegally because you are making money in the country without a status that allows you to make money (not a work visa...etc ) and getting paid cash is also illegal because that means they don't pay taxes!

( that's how illegals work....cash paid!)

[kcoyclay1 98]

I'm a overstay myself too and I wasn't going to file for advance parole but people in the forum actually told me to do since it's free. This week I got my EAD and AP card and even I won't use it I still recommend to people to apply for it in case of serious emergency

They will grant you the AP but those who overstay should not leave.

WHAT IS UNLAWFUL PRESENCE?

Unlawful presence (ULP) is defined as presence after the expiration of the period of stay authorized by the Department of Homeland Security, or any presence without being admitted or paroled.

WHAT TRIGGERS UNLAWFUL PRESENCE?

• An individual who is present in the U.S. without inspection accrues ULP from the date of the unlawful arrival, unless she is otherwise protected from the accrual of ULP.
• Similarly, an individual paroled into the U.S. will accumulate ULP once the parole is no longer in effect, unless she is otherwise protected from the accrual of ULP.
• Note that an individual who obtained permission to come into the U.S. by making a knowingly false claim to U.S. citizenship has not been inspected and admitted, and thus accrues ULP from the date of arrival.
• The authorized period of stay is normally either noted on the I-94, or created by statute or by USCIS policy.

WHAT ARE THE CONSEQUENCES OF UNLAWFUL PRESENCE? 3-Year and 10-Year Bar

• Immigration and Naturalization Act (INA) section 212(a)(9)(B)(i)(I) makes inadmissible any alien who “was unlawfully present in the United States for a period of more than 180 days but less than 1 year . . . [who] again seeks admission within 3 years of the date of such alien’s departure or removal.” Also, INA section 212(a)(9)(B)(i)(II) makes inadmissible any alien who “has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s removal or departure.”

Permanent Bar

• Under INA § 212(a)(9)©(i)(I), an individual who has been ULP in the U.S. for an aggregate period of more than one year and then enters, or attempts to enter, the U.S. without being admitted is permanently inadmissible.

UNLAWFUL STATUS V. UNLAWFUL PRESENCE

Unlawful status and unlawful presence are related but different concepts. There are a variety of situations where a person may not be in lawful status (out of legal status), but is still not accumulating unlawful presence, such as the follows:

• A minor under the age of 18 does not accrue unlawful presence for purposes of the three and ten year bars until the day after her 18th birthday.
• F-1 students who are admitted for the duration of their stay do not begin to accrue unlawful presence until the USCIS or an immigration judge finds that they violated their status.
• An individual with a properly filed, pending application for adjustment of status or registry does not accumulate ULP as of the date the application is properly filed. The accrual of ULP is tolled until the application is denied.
• If the individual then files a motion to reopen or reconsider, the mere filing of the motion will not stop the accrual of ULP. However, if the motion is successful and the benefit granted, the individual will be deemed to not have accrued ULP during the pendency of the motion. If the motion is successful but the benefit is still denied, ULP will only accrue from the date of the last denial, as long as the initial request was timely and non-frivolous.
• If the denial of the underlying petition, upon which an EOS/COS is based, is appealed to the Administrative Appeals Office, the mere filing of the appeal will not stop the accumulation of ULP. However, if the petition denial is reversed on appeal, and EOS/COS subsequently granted, no ULP will be deemed to have accrued between the denial of the petition and request for EOS/COS and the subsequent grant of the EOS/COS.
• A non-immigrant with a pending EOS/COS request who departs the U.S. while the request is pending does not accrue ULP, so long as the request was timely and non-frivolous, and the individual did not work without authorization. -. An individual granted Family Unity Program (FUP) benefits under the LIFE Act Amendments of 2002 § 1504 does not accrue ULP.
• An individual who files an application for Temporary Protected Status (TPS) will not accrue ULP while the application is pending provided it is ultimately approved, and the authorized period of stay will continue until TPS is terminated. If the application is denied, however, or if prima facie eligibility is not established, ULP will begin on the date the individual’s previous authorized period of stay expired.
• An individual granted voluntary departure (VD) does not accrue ULP. ULP stops accruing on the date an individual is granted VD and resumes on the day after VD expires if the individual has not departed the U.S.
• An individual granted an administrative or judicial stay of removal, either automatic or discretionary, does not accumulate ULP. The issuance of a stay, however, does not erase prior periods of ULP.
• An individual granted deferred action does not accumulate ULP. Accrual of ULP stops on the date an individual is granted deferred action and resumes the day after deferred action is terminated. The granting of deferred action does not cure any prior periods of ULP.
• An individual granted withholding of removal (or deportation) does not accrue ULP. The accrual stops on the date of the grant and continues through the period of the grant.
• An individual with a pending bona fide asylum application does not accrue unlawful presence for purposes of the three and ten year bars unless he works without authorization.
• A beneficiary of Family Unity Protection (FUP) under the Immigration Act of 1990 § 301 is protected from accruing ULP for purposes of the three and ten year bars. If the FUP application is approved, ULP is deemed to stop as of the date of filing. However, the filing of the FUP application by itself does not stop the accrual of ULP. Nonetheless, A grant of FUP protection does not cure prior periods of ULP.
• Qualified battered spouses, parents and children are protected from accumulating ULP. An approved VAWA self-petitioner, and her children, can claim an exception from the three and ten year bars when there are substantial connections between the abuse, the ULP, and her departure from the U.S.
• Victims of severe form of trafficking in persons do not accumulate ULP towards the three and ten year bars. Similar to VAWA beneficiaries, a trafficking victim must demonstrate that the trafficking was at least once central reason for the ULP.
• A non-immigrant with a pending extension of status (EOS) or change of status (COS) request, according to the statute, does not accrue ULP for a period of up to 120 days for the purpose of the three year bar only, so long as: (1) the application was timely, (2) the individual was lawfully admitted or paroled into the U.S., and (3) the individual did not engage in unauthorized employment. By operation of Service policy, however, this exception has been extended to cover the entire period during which an EOS or COS is pending, and to the ten year bar.

WHAT ARE POSSIBLE RELIEFS OF UNLAWFUL PRESENCE? Waiver of the three and ten year bars

• Non-immigrants who are subject to the three or ten year ULP bar may seek a discretionary waiver under INA § 212(d)(3).
• An immigrant who is a spouse, son or daughter of US citizens or permanent residents, and a fiance of US citizens who is subject to the three or ten year bar may, in certain circumstances, apply for a waiver under INA § 212(a)(9)(B)(v). The waiver applicant must demonstrate that the inadmissibility would result in extreme hardship to the qualifying relative(s).
• For waiver applicants seeking admission on a K-1 or K-2, the extreme hardship showing would be in relation to the K-1 non-immigrant’s USC fiance.
• An asylee or refugee subject to the three- or ten-year bar can seek a waiver under INA § 209©. The waiver is applied by Form I-602. The USCIS has discretion to grant the waiver without the application.
• A TPS applicant subject to the three-year or ten-year bar may be granted a waiver for humanitarian purposes, to assure family unity, or in the public interest.

Waiver of the Permanent Bar

There is generally no waiver of inadmissibility of Permanent Bar under INA § 212(a)(9)©(i)(I) except certain small categories of individuals may be admitted despite the bar:

• USCIS may consider waiver from a HRIFA or NACARA applicant. The waiver is applied by form I-601, the standard for adjudicating the waiver is the same as if the person filed Form I-212.
• Legalization, SAW, LIFE Act Legalization, and Legalization class settlement agreement applicants may be granted a waiver based on humanitarian reasons to promote family unity or public interest. The waiver is to be applied by form I-690.
• TPS applicants The permanent bar for a TPS applicant may be waived for humanitarian reasons, to ensure family unity, or because it would be in the public interest.
• Qualified battered spouses, parents, and children can be granted a waiver under INA § 212(a)(9)©(i) if there are sufficient connections between the abuse, the ULP and departure (or removal), and the subsequent entry, or attempted entry, without inspection.

Related Post(s):

• Advance Parole and Unlawful Presence

The U.S. immigration law provides that unlawful presence in the United States for more than one year will trigger a 10-year bar upon departure. That means a nonimmigrant who is not in legal status in the U.S. and who has accrued more than one year unlawful presence needs to be very careful about leaving the country. The person may not be able to return for a long period of ten years! There is a similar 3-year bar for those who accrued 6-month unlawful presence. For definition of unlawful presence, please seehere.

What happens if a person who has accrued more than one year unlawful presence, yet who is in the process of adjustment of status and then travels using the advance parole document derived from the adjustment of status application? USCIS has been adopting the position that departure with more than one year unlawful presence would be inadmissible because of the 10-year bar even if there is an approved advance parole.

To clarify a few things, I am not working here in that sense, the reason I wrote I have to leave for my work is I am a music producer DJ, and haven't worked here illegally. Any shows I have done the clubs always pay cash. But the reason I will need to leave the country as soon as possible is I have been turning down tours and shows in Europe where I get most of my income from.

Other than that I run a record label based in Sweden, so I haven't been working here in that sense illegally.

For all people saying I have to get the flu shot, do you know if there's any way around this at all.

I consider these flu shots to be pure poison and people from sweden and finland had some awful side effects including narcolepsy and other awful syndromes of the side effects.

Once again thanks so much to all of you who are helping me so much, all of the posts are making it so much easier for me, and I am forever thankful

The U.S. immigration law provides that unlawful presence in the United States for more than one year will trigger a 10-year bar upon departure. That means a nonimmigrant who is not in legal status in the U.S. and who has accrued more than one year unlawful presence needs to be very careful about leaving the country. The person may not be able to return for a long period of ten years! There is a similar 3-year bar for those who accrued 6-month unlawful presence. For definition of unlawful presence, please seehere.

What happens if a person who has accrued more than one year unlawful presence, yet who is in the process of adjustment of status and then travels using the advance parole document derived from the adjustment of status application? USCIS has been adopting the position that departure with more than one year unlawful presence would be inadmissible because of the 10-year bar even if there is an approved advance parole.