"Unlawful presence"

[KurtDarryl23 14]

On 11/21/2021 at 12:06 AM, Sianaks said:

But there was a period of about 7 months, between my visa expiring and USCIS receiving my AOS packet, that I was out of status and didn't have authorized stay. Do those 7 months count as unauthorized stay? Or is what you're saying the 1 month between my visa expiring and me getting married is the period of unauthorized stay and so is less than 180 days?

I’m really sorry for your loss! I see some answers saying that if your married to a US citizen then it’s forgiven, but that only applies to your eligibility to adjust from inside the country and that any overstay you had was forgiven, I believe if you leave the country that will not apply in that case. Because the bars to re entry are only applied once you leave the country, one that bar is in place you would need a waiver to get past that inadmissibility barrier. 
 

This is purely my opinion and I’m sure I’ll be corrected if I’m wrong but I have a feeling it would be a bad idea.

 

I would definitely seek legal advice from an immigration attorney before travelling.

 

 

[KurtDarryl23 14]

13 minutes ago, KurtDarryl23 said:

I’m really sorry for your loss! I see some answers saying that if your married to a US citizen then it’s forgiven, but that only applies to your eligibility to adjust from inside the country and that any overstay you had was forgiven, I believe if you leave the country that will not apply in that case. Because the bars to re entry are only applied once you leave the country, one that bar is in place you would need a waiver to get past that inadmissibility barrier. 
 

This is purely my opinion and I’m sure I’ll be corrected if I’m wrong but I have a feeling it would be a bad idea.

 

I would definitely seek legal advice from an immigration attorney before travelling.

 

 

I did just see someone on here say that advanced parole doesn’t trigger the bars.. so maybe it could be possible? I’d at least pay for a consultation with an immigration attorney to back that up though! 

[retheem 568]

On 11/23/2021 at 11:05 AM, Sianaks said:

A fellow Kenyan! Mambo?! 

Thanks for your response. So, you're saying that your son who came in on a B1/B2 stayed in the country unlawfully from 2015 when his visa expired, until he got married and filed for AOS in Sept/Oct 2020, and he traveled on this AP and didn't have a problem reentering the US when he returned from Mexico?

 

Thanks

Lol whatever you choose to do with this info is entirely up to you. Happy thanksgiving kiongos

 

On 11/23/2021 at 11:25 AM, Timona said:

 

My friend(s). Hahahhaa

And yes to both 2 parts of your statement, one went to Mexico and the other to Nepal. They both came back on AP, no problem at all.

 

Intent is determined at POE. So do not take this scenario and tell our boys back home to use this method to come to US and stay. That will be pre-conceived intent, and is fraud. I know Kenyans and shortcuts 🤣😅😂

 

Sema Boss.... unafanya nini Seattle? Or wewe ndio wale Wakenya wa Amazon?

 

Happy thanksgiving kiongos lol.