Looking for information regarding adjustment of status

[Invictus]

Hey there!

My name is Josh and I'm 23 years old. I traveled to the US at age 14 with my parents on a B2 visa. I overstayed my I-94 (without intending to, I promise!) for over 180 days and accrued the dreaded 10 year bar.

Currently, the documents in my possession are
-My passport. Still valid, not expired.
-My birth certificate. Translated
-My ITIN (Tax ID)
-An expired I-94

I gather that the options for me to adjust my status are:
1) Wait for the DREAM Act
2) Wait for an Immigration Reform bill, hoping it contains provisions for me to adjust my status
3) Marry a US citizen

I have been keeping tabs on both the DREAM Act and Immigration reform since Bush was in office, but I do not think it wise to hang my hopes on these two anytime soon.

I would like some information on how it is possible for me to adjust my status if I married a US Citizen.

a) Where can I find out more about how this process works without having to consult an expensive immigration lawyer?

b) I read somewhere on the internet that proving the non-sham-ity (Legal term, I think) of the marriage is an arduous affair.

I am currently enrolled in college. I do not work. Do not own a credit card. Do not own a vehicle. I do not rent or have a mortgage. I do not file tax returns.

Oh, and I have no plans on knocking up a woman, whether or not we plan on marrying.

How in the world does one in this situation go about proving anything?

c) Can lawyers or sponsors be held responsible if their advice or actions lead to someone falling out of status?

Just wondering.

 

[aosing]

My name is Josh and I'm 23 years old. I traveled to the US at age 14 with my parents on a B2 visa. I overstayed my I-94 (without intending to, I promise!) for over 180 days and accrued the dreaded 10 year bar.

How did you overstay for 180 days without intending to? Didn't the B-2 expire before you turned 18, or was it a 10-year visa? Did it never occur to you to check on your immigration status since you turned 18, or for any of those 180 days?

By the way, 180 days only triggers a 3-year bar. It takes a year to get the 10-year bar, so I understand (but see a lawyer). If you've overstayed for less than a year still, then you should probably leave the country immediately to avoid triggering a 10-year bar (but see a lawyer). Seems more likely to me that you've been out of status for more like 8 or 9 years and the entire time you have been an adult.

I have been keeping tabs on both the DREAM Act and Immigration reform since Bush was in office, but I do not think it wise to hang my hopes on these two anytime soon.

Probably a good idea.

I would like some information on how it is possible for me to adjust my status if I married a US Citizen.

So you can arrange a sham marriage, since you're a college student with nobody in mind, or just for reference while you look for a woman that you want to marry?

a) Where can I find out more about how this process works without having to consult an expensive immigration lawyer?

Google. www.uscis.gov. This forum. Or an expensive immigration lawyer. You get what you pay for, especially when a 10-year bar is in place. You did have 5 years to leave and regularize your status before the clock started ticking.

b) I read somewhere on the internet that proving the non-sham-ity (Legal term, I think) of the marriage is an arduous affair.

Only if the marriage is actually a sham.

I am currently enrolled in college. I do not work. Do not own a credit card. Do not own a vehicle. I do not rent or have a mortgage. I do not file tax returns.

And how do you, a 23-year-old adult, pay tuition and support yourself, with no income?

How in the world does one in this situation go about proving anything?

By doing the things that a genuinely married couple does.

c) Can lawyers or sponsors be held responsible if their advice or actions lead to someone falling out of status?

Just wondering.

Most of the time it is not the lawyer's actions or advice that leads to someone falling out of status, it is clients who are upset that they did not get the outcome they wanted. Lawyers can't guarantee anything, and good lawyers never do.

But since you asked, they can be sued for legal malpractice if they commit malpractice and they can be disciplined if they act unethically. If it is actually true and there is hard proof.

Why do you ask? Did a lawyer tell you that you could come to the USA on a visitor visa and overstay as long as you like? Somehow I find that hard to believe.

 

[Invictus]

How did you overstay for 180 days without intending to? Didn't the B-2 expire before you turned 18, or was it a 10-year visa? Did it never occur to you to check on your immigration status since you turned 18, or for any of those 180 days?

I didn't know that I was overstaying. At 14 I think most are unaware of the finer points of immigration law. When your parents are your legal guardians, your own choice doesn't usually come into the matter.

The B-2 expired prior to turning 18. I realized I had the option of leaving before I turned 18 without accruing a 10 year bar, but the lawyers advised against it.

The thing about the overstay was that our sponsors insisted that the I-94 did not need to be renewed while we were applying to change status. At that time they were attempting to change our visa status from B2 to R1/R2, or something like that, insisting that the procedure was perfectly legal and trouble-free. (I have a copy of the emails, including the fees they charged) However, later on we found out a lot of what they claimed was not true, at least according to a different lawyer.

By the way, 180 days only triggers a 3-year bar. It takes a year to get the 10-year bar, so I understand (but see a lawyer). If you've overstayed for less than a year still, then you should probably leave the country immediately to avoid triggering a 10-year bar (but see a lawyer). Seems more likely to me that you've been out of status for more like 8 or 9 years and the entire time you have been an adult.

My mistake. Thanks for clarifying.

We arrived in early 2001 and found out what was really going on around mid 2003. And all the lawyers we've been to had a near-identical set of recommendations. Sit and wait for a bill to pass, or get married.

Probably a good idea.

So you can arrange a sham marriage, since you're a college student with nobody in mind, or just for reference while you look for a woman that you want to marry?

A guilty conscience is not an easy thing to live with. Besides, when the entire basis of your existence in a country is fraudulent, how can you be at peace with that in your heart? Absurd to even suggest it, but I guess some people don't care about breaking the law.

I want to be knowledgeable about the situation before I enter into it. I want to feel well-prepared so I don't make any mistakes or have to scramble last-minute, or fumble the ball. I feel like my future is at stake and the worst situation I can put myself into is one where I'm unprepared.

If you have ever been blindsided by anything negative in your life that you could have avoided had you prepared better, you will understand.

Google. www-uscis-gov(URL broken due to under-15 post requirement)). This forum. Or an expensive immigration lawyer. You get what you pay for, especially when a 10-year bar is in place. You did have 5 years to leave and regularize your status before the clock started ticking.

Not according to the lawyers. They said they could still decide to bar me from re-entry. And I think that is also why you do not see hordes of out-of-status minors leaving and re-entering to try and adjust status.

Only if the marriage is actually a sham.

And how do you, a 23-year-old adult, pay tuition and support yourself, with no income?

Are you asking me to detail my family's financial situation? PM me if you really want to know.

By doing the things that a genuinely married couple does.

Most of the time it is not the lawyer's actions or advice that leads to someone falling out of status, it is clients who are upset that they did not get the outcome they wanted. Lawyers can't guarantee anything, and good lawyers never do.

But since you asked, they can be sued for legal malpractice if they commit malpractice and they can be disciplined if they act unethically. If it is actually true and there is hard proof.

Why do you ask? Did a lawyer tell you that you could come to the USA on a visitor visa and overstay as long as you like? Somehow I find that hard to believe.

It's probably hard to believe because that's not what happened. Thanks for the information anyhow.

I'm still posing the question so others can chew on it:

-If an average college student were to get into a genuine marriage, will their chance of status adjustment be significantly hampered due to lack of documented evidence of mortgages, bills, bank accounts, etc?

 

[Jackolantern]

Not according to the lawyers. They said they could still decide to bar me from re-entry.

They could refuse to grant another tourist visa or student visa because of the overstay, but if you left soon enough to avoid the 3-year or 10-year bar (or have waited outside the US until it expired), the overstay is not a valid reason for them to refuse to grant a green card overseas at a consulate.

And I think that is also why you do not see hordes of out-of-status minors leaving and re-entering to try and adjust status.

The overstay would most likely prevent them from reentering the US with a tourist or student visa, but it would not prevent them from obtaining a green card at a consulate abroad. If at least one of your parents had a green card, and you left the US soon enough to avoid the 10-year bar (i.e. before your 19th birthday), by now you would have a green card in your hand or be close to it.

 

[Invictus]

They could refuse to grant another tourist visa or student visa because of the overstay, but if you left soon enough to avoid the 3-year or 10-year bar (or have waited outside the US until it expired), the overstay is not a valid reason for them to refuse to grant a green card overseas at a consulate.

The overstay would most likely prevent them from reentering the US with a tourist or student visa, but it would not prevent them from obtaining a green card at a consulate abroad. If at least one of your parents had a green card, and you left the US soon enough to avoid the 10-year bar (i.e. before your 19th birthday), by now you would have a green card in your hand or be close to it.

That explains it, thank you.

 

[Invictus]

I just found some interesting information on suing immigration consultants on the ILRC website.

In my case, I feel like there was deception and negligence involved on their part- more their office than their lawyers.

But even though this isn't nationwide, the fact that California is taking a stand is encouraging.