Seeking Clarification AOS

[Edward and Jaycel 700]

@Jayne to be clear, this last B2 visa that expired 9/24/2024 is the first time you overstayed one of your visas? All the other times you came to the US, you abided by the expiration dates on your visas and departed on-time?

[appleblossom 3,256]

8 hours ago, Edward and Jaycel said:

@Jayne to be clear, this last B2 visa that expired 9/24/2024 is the first time you overstayed one of your visas? All the other times you came to the US, you abided by the expiration dates on your visas and departed on-time?

 

She says she stayed for 7 years on a previous visitor visa - and then it seems she left, which if that is correct would presumably have triggered a 10 year bar upon exit but somehow managed to get back in to the US when inadmissible. Which I think is what @Boiler is trying to establish.

 

Hopefully @Jayne will be able to clarify though. 

[Rocio0010 5,669]

11 hours ago, Edward and Jaycel said:

 

Visa overstays are forgiven for immediate relatives of US Citizens are they not?

Yes, I edited my comment.

I still think that this is not a DIY anymore. She left and re- entered several times knowing that she was using that B1/B2 visa to live, rather than visit. Seems like she "forgot" a tourist visa is for tourism for a few days/months.

[Rocio0010 5,669]

3 hours ago, appleblossom said:

 

She says she stayed for 7 years on a previous visitor visa - and then it seems she left, which if that is correct would presumably have triggered a 10 year bar upon exit but somehow managed to get back in to the US when inadmissible. Which I think is what @Boiler is trying to establish.

 

Hopefully @Jayne will be able to clarify though. 

Exactly. And many people fail to see that with DOS and USCIS many a times the left hand does not know what the right hand does, so just because she was able to pull this off several times it does not mean she will not face any issues during AOS. Time for a competent immigration lawyer.

[Rocio0010 5,669]

On 2/8/2025 at 3:07 PM, Jayne said:

with the truth. That I was visiting a friend

Yet as per your own admission, you were not "visiting". Or am I missing something?

 

On 2/8/2025 at 3:07 PM, Jayne said:

I met my now usc husband shortly after and we moved in together. I have lived here ever since. I went back to Canada to visit once a year and was always granted reentry to the US on a visitors visa.

 

[Boiler 46,219]

Definitely not DIY

[Jayne 6]

17 hours ago, Rocio0010 said:

Before you file ANYTHING I would suggest filing for a FOIA to see your whole immigration file. It looks like you overstayed your visa, which is forgiven if your husband is a USC. But you need to know for sure before you file for your AOS since there will be questions regarding an overstay, to which if you answer "no", it might be construed as a misrepresentation.

Under general eligibility and inadmissibility grounds I answered "yes" to question 76. Since April 1 1997 I was unlawfully present in the United States as I was present after the expiration period of authorized stay. My original post was to clarify the USCIS wording regarding immediate relatives may be forgiven even if the applicant has EVER violated the terms of their nonimmigrant status. Is it the length or the amount of times that are a factor in the likelihood of having issues at AOS?

 

[Jayne 6]

5 hours ago, Boiler said:

Definitely not DIY

Thank you for your advice. I will contact an immigration attorney when I can afford one.

Edited Tuesday at 07:12 PM by Jayne

[Jayne 6]

17 hours ago, Rocio0010 said:

Before you file ANYTHING I would suggest filing for a FOIA to see your whole immigration file. It looks like you overstayed your visa, which is forgiven if your husband is a USC. But you need to know for sure before you file for your AOS since there will be questions regarding an overstay, to which if you answer "no", it might be construed as a misrepresentation.

I only just learned that I may be forgiven for my overstays as the wife of a USC. I admitted my overstays and the dates on my i-485. Does that then make me ineligible?

[Jayne 6]

35 minutes ago, Jayne said:

Before you file ANYTHING I would suggest filing for a FOIA to see your whole immigration file. It looks like you overstayed your visa, which is forgiven if your husband is a USC. But you need to know for sure before you file for your AOS since there will be questions regarding an overstay, to which if you answer "no", it might be construed as a misrepresentation.

How do I find out if there is a bar applied to me? If there were wouldn't that have shown up at my last entry?

[OldUser 7,772]

1 minute ago, Jayne said:

If there were wouldn't that have shown up at my last entry?

Not necessarily. Glitches and bugs in systems happen all the time. You cannot assume you don't have a bar just because you were allowed to enter the US. That could have been an error.

[Jayne 6]

3 minutes ago, OldUser said:

Not necessarily. Glitches and bugs in systems happen all the time. You cannot assume you don't have a bar just because you were allowed to enter the US. That could have been an error.

Is there a way to find out for sure?

 

[Boiler 46,219]

Sounds like there was a 10 year bar

 

Presumably you know your travel history

You could detail your travel history?

[Jayne 6]

31 minutes ago, Boiler said:

Sounds like there was a 10 year bar

 

Presumably you know your travel history

You could detail your travel history?

I was never informed there was any bar to my entry.

[Rocio0010 5,669]

1 hour ago, Jayne said:

Is there a way to find out for sure?

 

Maybe a FOIA request

1 hour ago, Jayne said:

How do I find out if there is a bar applied to me? If there were wouldn't that have shown up at my last entry?

Not necessarily. Like I said, the left hand does not necessarily know what the right hand does.