Waiver needed?

[jay21 10]

I am trying to help a friend (they WILL be using an attorney) but I got curious about their situation:

My friend's husband came illegally in 2004. Stayed until 2008 and left. (Never had any issues with the law, immigration no fake paperwork or deportation).

He came back in 2014 with ESTA and overstayed. They are in the beginning stages of applying for his adjustment of status. He will need a waiver because he came back in 2014, before the 10 year ban from the 2008 exit was up?

Thank you

 

 

 

[designguy 1,179]

How was he able to enter with ESTA when he previously over stayed. Are you sure he entered the country through a legal port in 2014?

 

There is a question on the ESTA form that asks about any overstay. Did he answer this truthfully because in 99.99% of cases if you answer yes you will not be granted an ESTA

Edited December 4, 2020 by designguy

[jay21 10]

23 minutes ago, designguy said:

How was he able to enter with ESTA when he previously over stayed. Are you sure he entered the country through a legal port in 2014?

 

There is a question on the ESTA form that asks about any overstay. Did he answer this truthfully because in 99.99% of cases if you answer yes you will not be granted an ESTA

He didn’t overstay his ESTA the first time. He came through Mexico illegally. He went back in 2008 and lived abroad where he was able to get an European passport. In 2014 he entered using that.

Edited December 4, 2020 by jay21

[designguy 1,179]

21 minutes ago, jay21 said:

He didn’t overstay his ESTA the first time.

He entered illegally so he overstayed and probably lied on his ESTA application

 

The question is: "Have you ever stayed in the U.S. exceeding the length of stay permitted by the US Goverment?" The second he stepped foot in the US illegally he would have to answer yes to this question

Edited December 4, 2020 by designguy

[jay21 10]

5 minutes ago, designguy said:

He entered illegally so he overstayed and probably lied on his ESTA application

 

The question is: "Have you ever stayed in the U.S. exceeding the length of stay permitted by the US Goverment?" The second he stepped foot in the US illegally he would have to answer yes to this question

I am not familiar with the application to be honest. I also don’t have that answer but I will ask them. So a waiver will be necessary at this point? I was curious about the overlapping of his 2 year ban in 2008 and him coming back in 2014 that I didn’t even consider other issues. Thank you.

[SalishSea 17,829]

I don't think he can adjust if he did not enter legally (misrepresentation).