Questions about unlawful presence and 10 years bar

[MertUS 2]

1 minute ago, Lucky Cat said:

Then why do you need a waiver to be admitted into the US?   

Real life doesn’t work that way. We tried to save our marriage, try to work things out. And when we are trying to do that I was overstaying and I didn’t know that at that time. I thought if we are married in 90 days I’ll be good. 

[JFH 12,190]

1 minute ago, MertUS said:

Yes but it’s not a criminal record. It’s an immigration record. I didn’t enter the us illegally crossing the border. That’s a crime.

You broke the law. Stop playing semantics. Unlawful presence is exactly that - unlawful. It’s against the law and the punishment is deportation. 
 

I see you live in Turks and Caicos - a place people spend thousands of dollars to stay for 1 week. I’m sure your new wife would love to live in such a beautiful place permanently. I wouldn’t be unhappy there. After all, if she is the love of your life and you can’t bear to be apart, why do you have to come back here? Why not live there? 

3 minutes ago, MertUS said:

Real life doesn’t work that way. We tried to save our marriage, try to work things out. And when we are trying to do that I was overstaying and I didn’t know that at that time. I thought if we are married in 90 days I’ll be good. 

You tried to save the marriage by meeting another woman? That’s not the traditional way to work things out. 

[JeanneAdil 6,514]

34 minutes ago, MertUS said:

What do you talking about? USCIS told me there is not deadline for AOS applications I didn’t break any law

you were out of status (illegal as you had no proof of applying AOS  ) otherwise you would not have been arrested by ICE

 

You can find these bars in the Immigration and Nationality Act (INA) section 212(a)(9)(B)(i)(I) and (II) (the 3-year and 10-year unlawful presence bars) and INA 212(a)(9)(C)(i)(I) (the permanent unlawful presence bar)

 

unlawful presence means you broke the law and were here illegally

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility#:~:text=The 10-year unlawful presence bar applies whether you leave,re

Edited July 4, 2020 by JeanneAdil

[MertUS 2]

4 minutes ago, JFH said:

You broke the law. Stop playing semantics. Unlawful presence is exactly that - unlawful. It’s against the law and the punishment is deportation. 
 

I see you live in Turks and Caicos - a place people spend thousands of dollars to stay for 1 week. I’m sure your new wife would love to live in such a beautiful place permanently. I wouldn’t be unhappy there. After all, if she is the love of your life and you can’t bear to be apart, why do you have to come back here? Why not live there? 

You tried to save the marriage by meeting another woman? That’s not the traditional way to work things out. 

You are so biased and judgmental.you are not reading what I say. She has kids she can’t move here. 

[JeanneAdil 6,514]

1 minute ago, MertUS said:

You are so biased and judgmental.you are not reading what I say. She has kids she can’t move here. 

Sorry,  but it is not judgemental 

IBM moved me and my kids to Japan for 2 years,, Belgium for 2 ,  California,  NJ,  TN,  PA,  NY state and several others 

The military does it to families all the time 

and the poster only said the exact same thing the CO will say (seen it many times on here) at an interview

[JeanneAdil 6,514]

33 minutes ago, MertUS said:

Yes but it’s not a criminal record. It’s an immigration record. I didn’t enter the us illegally crossing the border. That’s a crime.

no, but still were here illegally and ICE was looking for you

they do not waste time looking for legals

 

If you have no ability to remain in the United States, you should seriously consider requesting voluntary departure (VD). The advantage of voluntary departure is that you will not have a removal order against you. This is important if you ever hope to return to the United States. If you are ordered removed, you will be barred from returning to the United States for a number of years. With voluntary departure, you may be able to return much sooner. If you have been in the United States illegally for more than 180 days, however, voluntary departure may not help you re-enter the United States (see the next section “Unlawful Presence”)

 

Do you even know if there was a prior NTA ?

Did you go before the immigration board of appeals?

 

[Ash.1101 1,756]

24 minutes ago, MertUS said:

You are so biased and judgmental.you are not reading what I say. She has kids she can’t move here. 

Please note that the government doesn't care about your or your future USC wifes situation.  Just because you didn't know about your lack of status, doesn't mean it wasn't your job to find out. USCIS expects you to understand what your status is, ignorance of the law doesn't absolve you of the law.

It's not a right to live in the US if you are not a USC, it's a privilege, and that privilege doesn't have to be granted and it can be taken away.

Note, you are NOT entitled to live in the US and your future spouse is NOT entitled to live with you in the US. 

One of the most common immigration myths is that if you marry a USC you get to live in the US or that you have a right to live in the US. 

[Allaboutwaiting 2,503]

5 minutes ago, JeanneAdil said:

If you have no ability to remain in the United States, you should seriously consider requesting voluntary departure (VD). The advantage of voluntary departure is that you will not have a removal order against you. This is important if you ever hope to return to the United States. If you are ordered removed, you will be barred from returning to the United States for a number of years. With voluntary departure, you may be able to return much sooner. If you have been in the United States illegally for more than 180 days, however, voluntary departure may not help you re-enter the United States (see the next section “Unlawful Presence”)

 

Do you even know if there was a prior NTA ?

Did you go before the immigration board of appeals?

 

Read his very first post. He requested voluntary departure and is back in his home country. 

He also has more than a year of unlawful presence in the US.

Edited July 4, 2020 by Allaboutwaiting

[MertUS 2]

1 minute ago, JeanneAdil said:

no, but still were here illegally and ICE was looking for you

they do not waste time looking for legals

 

If you have no ability to remain in the United States, you should seriously consider requesting voluntary departure (VD). The advantage of voluntary departure is that you will not have a removal order against you. This is important if you ever hope to return to the United States. If you are ordered removed, you will be barred from returning to the United States for a number of years. With voluntary departure, you may be able to return much sooner. If you have been in the United States illegally for more than 180 days, however, voluntary departure may not help you re-enter the United States (see the next section “Unlawful Presence”)

 

Do you even know if there was a prior NTA ?

Did you go before the immigration board of appeals?

 

No there was nothing. And I was in jail during pandemic and believe me it’s not easy being locked up. I don’t want to appeal and wait in jail for six months more. I was exhausted and tired. I spent $10k for lawyers and it didn’t help me. So I had to ask for VD. I didn’t know the law I didn’t do it purposely. But some people here have no understanding they are just good at judging people not helpful. 

[JeanneAdil 6,514]

1 minute ago, Allaboutwaiting said:

Read his very first post. He requested voluntary departure and is back in his home country. 

He did but like the last part says "if over 180 days ,  it does not help much / still the 10 year bar"

[JeanneAdil 6,514]

well,  if the new woman can outwait the 10 year bar,  then best of luck to you both

you will deserve to be happy

 

[8bithearts 104]

6 minutes ago, MertUS said:

No there was nothing. And I was in jail during pandemic and believe me it’s not easy being locked up. I don’t want to appeal and wait in jail for six months more. I was exhausted and tired. I spent $10k for lawyers and it didn’t help me. So I had to ask for VD. I didn’t know the law I didn’t do it purposely. But some people here have no understanding they are just good at judging people not helpful. 

It isn't judgemental if you don't like the answers people have given,  you asked people for advice on your situation and they have given it obviously you are not happy with the answers but it doesn't mean they are judging you.  You have to look at these things from as objective a position as you can,  yes your situation is that your new girlfriend has kids and it would be difficult to move to you, however the fact you are potentially looking at a 10 year ban its going to be difficult either way you need to manage your expectations,

Plus in every jurisdiction in the world ignorance of the law cannot be used as an excuse.  Its your responsibility to check you are legally there and you have done everything you need to.  I wish you luck with whatever you choose but you should advise your new girlfriend its going to be a long process most likely.

[TriloByte 1,818]

22 minutes ago, MertUS said:

 I didn’t know the law I didn’t do it purposely. But some people here have no understanding they are just good at judging people not helpful. 

Yeah, but pleading ignorance is not an excuse though. You should have known. You have to make it your business to know. I didn't know anything about how this all worked when I started this process but I put the time in to figure it out. This USCIS stuff is serious biz, you have to treat it with respect; you can't just make assumptions and hope for the best, and then go mad at everyone else when it doesn't play out your way. I don't see where being judgmental comes into it, it's just the straight truth. This said, I'm still sorry for your problems and I wish you the best. 

 

 

Edited July 4, 2020 by TriloByte

[MertUS 2]

12 minutes ago, 8bithearts said:

It isn't judgemental if you don't like the answers people have given,  you asked people for advice on your situation and they have given it obviously you are not happy with the answers but it doesn't mean they are judging you.  You have to look at these things from as objective a position as you can,  yes your situation is that your new girlfriend has kids and it would be difficult to move to you, however the fact you are potentially looking at a 10 year ban its going to be difficult either way you need to manage your expectations,

Plus in every jurisdiction in the world ignorance of the law cannot be used as an excuse.  Its your responsibility to check you are legally there and you have done everything you need to.  I wish you luck with whatever you choose but you should advise your new girlfriend its going to be a long process most likely.

So I can’t apply for waiver? I have to wait 10 years ?

[Henry357 70]

2 hours ago, JeanneAdil said:

for ICE to know you were out of status and an illegal alien,  someone had to report you

you really need to know the extent of that complaint to ICE

There is a program where all data of non citizens who arrested are transferred to ICE, IVe will run this data against DHS database, such as overstay databases.  Most cities did this 10 years ago, however, now most cities in the northeast and west coast are so called “sanctuary cities” now - there is a map of what cities do this document bellow: 

 

https://www.ilrc.org/sites/default/files/resources/toolkit_final.compressed.pdf
 

All Texas cities do this, Austin tried to stop it and it turn into a big political fight. Governor Parry was even charged.