60year old ADJ of status via marraige

R

ray169223

Registered Users (C)
Hello,
My friends Dad is in a tricky situation. He is almost 60 years old. He came to US in the 90s legally, overstayed and went back. During his stay at that time he had applied for adj of status because of a law at that time. but missed the appt as he was in India
Now he is back under a different name and married to a US citizen and wants to adjust status. The lawyer is stating that he should file a waiver and come clean because when he applied for the adj of status in 1986 that they might have taken fingerprints and now that they'll take prints again, it will appear as if he is cheating.
Any thoughts on this? Should he sign the waiver? the reason for the question is the cost and the lawyer fees. Any thoughts or feedback you have would be greatly appreciated. Thank you.
http://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986
 
Is he still inside the US now? Did he lie on the tourist visa application? How long did he spend outside the US after his overstay?
 
Jackolantern said:
Is he still inside the US now? Did he lie on the tourist visa application? How long did he spend outside the US after his overstay?
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Still in the US. Came to US in the 80s. overstayed, went back.

Came in the 90s under a different name: been here for 10 + years now. Married to US citizen.

I have been looking for the 1986 act and I cannot confirm if they took his prints then.

Thank you for your help Sir...
 
ray169223 said:
Still in the US. Came to US in the 80s. overstayed, went back.
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How long did he spend outside the US after the overstay? If it's more than 10 years, the 10-year ban from his overstay would have expired, making him eligible for a green card.... unless he screwed up his eligibility by reentering the US fraudulently.

Came in the 90s under a different name: been here for 10 + years now. Married to US citizen.
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If he didn't inform them about his previous name, and got a visa by pretending that he was not the same person who overstayed before, he committed immigration fraud and will be deported if they find out.
 
What is the best way to inform them? Would it be when he applies to adjust his status? Lawyer is suggesting to sign a waiver and come clean. Thank you for your advice.
 
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