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  #1  
Old 29th December 2008, 12:56 AM
electrongirl electrongirl is offline
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Join Date: Nov 2008
Posts: 34
Overstay question
I am married to a US citizen and we have been married almost 3 years, living in Australia for the past 3 years. We recently came to the US to reside, being told that I could enter on the Visa waiver program then file here.

At customs were told that wasn't correct but they allowed me in on a Paroled status with an expiry date of 31st Dec 08. The reason for this parole was so I could lodge my AOS paperwork and the I-130 application from my husband.

What I need to know is, we have had some trouble getting all the money needed for this as the medical costs were quite high as my son is with us and he needed a lot of immunisations and it took some of the application money.

Anyway we are only now sending off the applications but my parole expires in 3 days.

What will happen after that date? Will they come and deport me & my son?

We will be sending off the applications tomorrow but we are worried something will happen in the meantime.

I do not want to leave my husband and my son has autism and could not handle the flight back again as he had a seizure coming here.

If anyone can help me it would be appreciated.

Thank you
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  #2  
Old 29th December 2008, 01:58 AM
TheRealCanadian TheRealCanadian is offline
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Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by electrongirl View Post
What will happen after that date? Will they come and deport me & my son?
Once your I-485s are received by USCIS you remain legally present in the US until they are adjudicated.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 29th December 2008, 02:03 AM
electrongirl electrongirl is offline
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Posts: 34
So even if we are out of status for a little while we are ok once they receive the AOS?

oh thank god... my husband is so worried we would be taken away!
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  #4  
Old 29th December 2008, 02:55 AM
TheRealCanadian TheRealCanadian is offline
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Location: Atlanta, GA
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Quote:
Originally Posted by electrongirl View Post
So even if we are out of status for a little while we are ok once they receive the AOS?
Yes. Filing based on marriage to a US citizen means that you are legal once the I-485 is received.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #5  
Old 29th December 2008, 07:32 AM
nscagony nscagony is offline
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Join Date: Oct 2007
Posts: 1,170
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban. Nice to see that CBP is a bit more humane and reasonable than USCIS when apply immigration laws.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #6  
Old 29th December 2008, 08:11 AM
Jackolantern Jackolantern is offline
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Posts: 8,267
Quote:
Originally Posted by electrongirl View Post
Will they come and deport me & my son?
If your US citizen husband is the father, your son may have already become a US citizen automatically, or at least be eligible to become a US citizen quickly. That would make him immune from deportation. If you post the following details in the US Citizenship section of this forum, we may be able to figure out your son's citizenship options.

1. Is your husband the biological or adopted father of your son?
2. Was your husband a US citizen at the time of your son's birth (or adoption, if he was adopted by your husband)?
3. Was he married to you at the time of your son's birth or adoption?
4. If your husband is the biological father, did he ever live in the US before your son's birth? If yes, for how many years overall and how many years after the age of 14?

Also, have a look at this page: http://travel.state.gov/law/info/info_609.html
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
Last edited by Jackolantern; 29th December 2008 at 08:16 AM.
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  #7  
Old 29th December 2008, 11:00 AM
TheRealCanadian TheRealCanadian is offline
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Location: Atlanta, GA
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Quote:
Originally Posted by nscagony View Post
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban.
She could NOT have been deported, if she was never admitted in the first place. Deportation and refusing entry are two different things.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #8  
Old 29th December 2008, 12:29 PM
electrongirl electrongirl is offline
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Posts: 34
my son is not from this marriage. My husband was born in the US but came to live with me in Australia but he never got citizenship there.

Does that mean my son might get deported?
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  #9  
Old 29th December 2008, 12:32 PM
TheRealCanadian TheRealCanadian is offline
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Join Date: Jul 2002
Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by electrongirl View Post
Does that mean my son might get deported?
No - stop freaking out. If he has a pending I-485, like you, then he is legally present - like yourself.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #10  
Old 29th December 2008, 12:33 PM
electrongirl electrongirl is offline
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Join Date: Nov 2008
Posts: 34
Quote:
Originally Posted by nscagony View Post
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban. Nice to see that CBP is a bit more humane and reasonable than USCIS when apply immigration laws.
after they had me in tears and asked me a million questions etc they decided to let me in, but they did give me the option of returning to Australia.

They were actually really nice to me after they realised I wasn't a threat and was in a legitimate marriage. They even were laughing and joking when the fingerprint machine kept messing up my scans.
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  #11  
Old 29th December 2008, 12:34 PM
electrongirl electrongirl is offline
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Join Date: Nov 2008
Posts: 34
Quote:
Originally Posted by TheRealCanadian View Post
No - stop freaking out. If he has a pending I-485, like you, then he is legally present - like yourself.
sorry can't help it!

I get so many different answers, but this one tends to be the majority of them so that's good.
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  #12  
Old 29th December 2008, 03:09 PM
TheRealCanadian TheRealCanadian is offline
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Join Date: Jul 2002
Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by electrongirl View Post
I get so many different answers, but this one tends to be the majority of them so that's good.
You should not confuse the frequency of an answer with its correctness.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #13  
Old 30th December 2008, 10:59 AM
Triple Citizen Triple Citizen is offline
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Join Date: Nov 2006
Location: Naperville, IL, USA
Posts: 8,291
You and your son are fine, no need to shed tears. If you have to shed tears, then do it for the right reason, like Australia's test series defeat to South Africa yesterday

Quote:
Originally Posted by electrongirl View Post
I get so many different answers, but this one tends to be the majority of them so that's good.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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