ESTA overstay in border town, married to USC

[mlong1397 3]

Hi,

 My husband arrived on an ESTA in March and was going to return but we decided to adjust status due to covid (and one of his flights was canceled) He'll be overstaying starting tomorrow. I think I'm just being anxious because his overstay is forgiven, right? I live in a border town so that's extra stressful... AOS package arrived last week but still waiting to hear back. 

 

Anybody been in a similar boat or have any advice? Just don't leave the house? Ha...

 

[Just Paul 4,595]

2 minutes ago, mlong1397 said:

Just don't leave the house? Ha...

Just keep a copy of the filings.  If you included a G-1145 - keep the text!

[Allaboutwaiting 2,503]

Yup. Avoid any check point or CBP encounter around where you live until you get the NOA for the AOS.

Edited June 10, 2020 by Allaboutwaiting

[mlong1397 3]

6 minutes ago, Paul & Mary said:

Just keep a copy of the filings.  If you included a G-1145 - keep the text!

Okay thanks!

6 minutes ago, Allaboutwaiting said:

Yup. Avoid any check point or CBP encounter around where you live until you get the NOA for the AOS.

Yeah that's our basic plan. Just means we can't visit my parents "on the other side" lol. Thanks!

[Allaboutwaiting 2,503]

18 minutes ago, mlong1397 said:

Okay thanks!

Yeah that's our basic plan. Just means we can't visit my parents "on the other side" lol. Thanks!

I meant in the US, around the border. 

Leaving the country while adjusting status is a big no no unless you have the EAD/AP card. 

So when you receive the NOA your husband still won't be able to cross the border. 

[Quarknase 1,072]

1 minute ago, Allaboutwaiting said:

I meant in the US, around the border. 

Leaving the country while adjusting status is a big no no unless you have the EAD/AP card. 

So when you receive the NOA your husband still won't be able to cross the border. 

This! Once NOA1 has arrived you’re free to travel within the US, but as soon as he crosses any border his AOS will be considered abandoned. You’ll have to wait for AP approval and he must have AP in hand before a border is crossed

[geowrian 22,337]

To clarify, overstay is not "forgiven". Starting with day 1 of overstay he will be permanently ineligible for the VWP (and therefore an ESTA).

The overstay is not a bar for AOS purposes as the IR of a USC, though.

 

This comes into play if you decide not to AOS (i.e. if you decide to live abroad together, break up, etc.), if you abandon permanent residency at any point in the future, etc.

[mlong1397 3]

51 minutes ago, Allaboutwaiting said:

I meant in the US, around the border. 

Leaving the country while adjusting status is a big no no unless you have the EAD/AP card. 

So when you receive the NOA your husband still won't be able to cross the border. 

 

49 minutes ago, Quarknase said:

This! Once NOA1 has arrived you’re free to travel within the US, but as soon as he crosses any border his AOS will be considered abandoned. You’ll have to wait for AP approval and he must have AP in hand before a border is crossed

Sorry for the confusion. I meant the other side of the CPB checkpoint. Between two cities in Texas, not the other side of the border.

Edited June 10, 2020 by mlong1397

[mlong1397 3]

33 minutes ago, geowrian said:

To clarify, overstay is not "forgiven". Starting with day 1 of overstay he will be permanently ineligible for the VWP (and therefore an ESTA).

The overstay is not a bar for AOS purposes as the IR of a USC, though.

 

This comes into play if you decide not to AOS (i.e. if you decide to live abroad together, break up, etc.), if you abandon permanent residency at any point in the future, etc.

Okay, thank you. I'm just concerned about for AOS right now. If we ever decide to live abroad in the future we would make sure he's a citizen first. Thank you for your help.