Bar for overstay after approved interview

[brokensemaphore 0]

My husband came into the US on the visa waiver program and overstayed it for exactly a year before we finally filed the AOS (there wasn't any intent to immigrate when he came to the US). We have our interview soon. As I understand it, overstays are forgiven when the immigrant marries a USC (which I am), so does this mean that if we're approved at the interview, the 10-year bar (for overstaying) goes away automatically? Or is there something we'd need to do in regard to it?

If we ever want to travel out of the US, I just want to make sure he'll be able to re-enter!

[notscenenough 6]

You'll most likely get a green card and will have no problems traveling. Good luck.

I kind of was out of status for a while too. Nobody cared.

Edited May 28, 2007 by notscenenough

[Kathryn41 3,205]

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

[brokensemaphore 0]

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

But he didn't enter on a valid visa-- he entered on a visa waiver. He's never had any sort of visa.

[gcox457 0]

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

But he didn't enter on a valid visa-- he entered on a visa waiver. He's never had any sort of visa.

The visa waiver program is sort of a visa of sorts...and it counts for the "inspected" requirement.

[rebeccajo 14]

Yes, once the AOS is approved, any accumulated out of status overstay in the US (as long as he entered on a valid visa and was inspected at the POE) will be forgiven. Once he receives his green card he will be free to travel outside of the US as if the overstay had not occured. If he leaves the country before he receives his green card, even if he has an Advance Parole, however, he will be refused entry back into the US and receive a 10 year entry bar instead. Good luck at your interview.

But he didn't enter on a valid visa-- he entered on a visa waiver. He's never had any sort of visa.

You can't invalidate the terms of a visa you never had.

From a technical standpoint he abused the visa waiver program, and if he had left the country, he would be barred from future use of the VWP.

The visa waiver program is sort of a visa of sorts...and it counts for the "inspected" requirement.

VWP entrants are inspected just like anyone else.

The visa waiver program is a courtesy offered by our government to citizens of 'friendly' nations. Nothing more or less.

[Addie_Goodvibes 0]

Your overstay or "out os status" will be forgiven once I-130 is filed on your behalf and the I-485 AOS process begins.

Your overstay will be forgiven so long as you didnt work w/out authorization and entered legally you should be fine.

Just do Not leave the USA until you have GREEN CARD in hand

[Tom_Jim 40]

Your overstay will be forgiven so long as you didnt work w/out authorization and entered legally you should be fine.

I was under the impression from previous posts on this matter, that unauthorized work during an overstay was forgiven from a successful AOS application.

[athena_ny 1]

Your overstay will be forgiven so long as you didnt work w/out authorization and entered legally you should be fine.

I was under the impression from previous posts on this matter, that unauthorized work during an overstay was forgiven from a successful AOS application.

It will be. My husband worked for 3 years without authorization and was approved at AOS interview.