F-1 to marriage to overstay... Help !!

VivaLasVegas said:
I am checking to see if advertising a book URL in a profile signature violates the Terms and Conditions of the forum. If it does the user will be asked to remove that URL.
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Just thought you should know.

The user bbqchickenrobot as been advertising this book ever since he/she joined this forum.

The URL used to be a link to this website were the book can be purchased and within the URL was a "referral ID" meaning, he/she would get a cut every time someone would buy the book because he/she recommended it.

I called this person out on this and she admitted it publicly and yet the advertising has continued.

All the person did was "mask/hide" the original URL through the www.tinyurl.com service and now the website that sells the book has an encrypted referral ID.

When we report a post to moderators, the categories include "advertising messages" and that is most of what this user posts.
 
I have been having a local tax firm file my taxes every year and I believe it is filed as an alien. I will have to double check to make sure - but if I am to take the worst case scenario into play, and say "yes", where are we at ?
 
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Well, I spoke to a lawyer on the matter, and she said that it would "not" be a problem filing - however, she HIGHLY RECOMMENDS I find authorized employment immediately after I get I-765 approved. Her explanation was that unauthorized employment is pardoned when applying for a GC through marriage. Now, to answer the question as to how competent she is, I am not sure. So she maybe off base - but she is a practicing immigration attorney. I guess, I need to do some more investigating on the matter...

I can hire a lawyer, but like you guys said, if its going to be just a matter of false hope, I dont want to.
 
overstaying student visa

im_help said:
Al, Thank you very much. If anyone else has any advice - I am more than willing to hear them as well :) THANK YOU AGAIN to everyone in advance...
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I'm in a same situation like you, but I'm not in U.S. I went to the american embassy in sweden to apply for my I-130. On the form I wrote the places that I worked during my F-1 overstaying. The officer interviewed my wife, and my wife told him I worked with my student visa. The officer said I must talk to your husband . I stepped forward and he told me why I worked and why I didn't do the NSEERS registration. I told him I was scared, and a lot of people went to jail for many weeks.

Then he told me I'm found inadmissible and i have the 10 year bar. Since I been out of U.S 2 year I have 8 year to go. Then he told me I have to apply for the waiver I-601. He told me to go to the next window and the other officer will explain to me how it works. The lady told me after 8 year I can go back, and I can start fresh like nothing happened.

what about the "Anyone who claims to be a US citizen while they are not, is in violation of all existing and future immigration laws. He didn't tell me I'm ban for life



I found this helpful info from this forum that:



"....an F-1 student accrue no unlawful presence until a determination has been made by USCIS that you were out of status. A determination would have been made e.g. if you had applied for reinstatement and been denied for example. There are many references to this on the internet and you can also find the law in the INA. I'm not even sure you need the I-94 copy because all F-1 visas are issued for D/S I believe. But do contact an attorney to ask for the best course of action. By the way, your visa expiration date has nothing to do with it. A visa is only an entry document. What matters is when the status violation occurred, if the I-94 has a specific date, and if it doesn't have a date, if USCIS has determined you're out of status."



I found a international immigration lawyer, and she wrote me:



"Thank you for contacting the Law Offices of xxxxxxx. Country
conditions (Sweden) is one factor in addressing "extreme hardship" to your
U.S. citizen spouse. You will not even need to address it.

You can always file an I-130. If you have a legitimate marriage (which it
sounds as if you do), the I-130 should be approved. Don't be discouraged by
consular officers who don't understand the law.

In typical non-D/S situations, when an alien overstays his/her I-94 date by
more than 1 year, when s/he leaves the U.S., he/she triggers the 10-year bar
for unlawful presence. Since you were D/S and no one pronounced you to be
unlawfully present, there is no unlawful presence bar. It would be just a
matter of briefing it to the Consular Officer. You don't need an I-601
waiver. I can also obtain a copy of your I-94 through the federal
government.

I don't think it's wise to talk about your case to the consular officers at
the American Embassy.

To obtain a copy of your I-94, brief regarding "no unlawful presence bar",
and obtain green card, my fee would be $xxxxx with $xxxx advance costs.
Filing fees to the government and medical examination fees will be extra and
be paid directly by you.

She said that my unlawful employment claimed us citizen is not a problem.

I'm confuse now to what to do.

please help me.

thank you


this is a link to my post:
http://boards.immigrationportal.com/showthread.php?p=1847412#post1847412
 
Matuleh,
So are you thinking that if you did NOT mention your employment, they would have approved it ? I take it that you did not have a lawyer ??
 
im_help said:
Matuleh,
So are you thinking that if you did NOT mention your employment, they would have approved it ? I take it that you did not have a lawyer ??
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im_help said:
Matuleh,
So are you thinking that if you did NOT mention your employment, they would have approved it ? I take it that you did not have a lawyer ??
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First I went to the embassy to apply for my I-130 and I told them what I did during my 10 year i U.S. I think if you tell them the right info is better than telling false info. I thought that he would ban me for life first. Then again I heared that some embassy officer, they are not familier with the law. My lawyer say that there in no problem. Then again I would never know untill I pay her fees...
 
see that is what I wasw told too by that laywer I spoke with - that your illegal employment is "pardoned" when you file through marriage. I still have not found a statuate or official document that says that though.
 
im_help said:
see that is what I wasw told too by that laywer I spoke with - that your illegal employment is "pardoned" when you file through marriage. I still have not found a statuate or official document that says that though.
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Illegal employment is pardoned off, for people who worked illegally, but never claimed to be US citizens when they applied for those jobs. Do you understand the difference? :confused:

If you worked off the books and never claimed US citizenship, then your case would have been done without any problems at all. The difficulty as I indicated, is having claimed to be a US citizen while applying for your job. The lawyer that you talked is clueless about your landmines, read the link which was attached by Praetorian regarding aliens who claimed US citizenship.

The gentleman who is stuck in Sweden is confusing issues, I see no where in his post where he claimed to be a US citizen. Yes is just suffering for overstaying his visa, which US consular officer can use their discretion to screw you. If he was in the US and had applied for AOS, then his overstay would have been forgiven and greencard issued, if proved his marriage to be bona fide.
 
Al Southner said:
Illegal employment is pardoned off, for people who worked illegally, but never claimed to be US citizens when they applied for those jobs. Do you understand the difference?
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Here's where things get interesting - not all claims of US citizenship are the same. To give you an example - I am a US citizen.

Actually, I'm not. I just told you a lie and made a false claim to US citizenship, but there's no more legal consequences to this than if I told you the moon was made of green cheese. Now if I said that to a CBP officer at a POE when attempting to enter the US, that's a different story.

It's questionable whether making a claim of US citizenship for employment is making a claim of citizenship for a state, federal or immigration benefit. I don't see private sector employment as falling into those categories.

Yes is just suffering for overstaying his visa, which US consular officer can use their discretion to screw you.
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No, they cannot. Consular officers cannot arbitrarily deny an immigrant visa because of an overstay. Either the 3/10 year bars were triggered in which case they are legally forbidden to issue the visa, or they were not in which case there is no legal basis to deny the visa. Now the State Department has the arbitrary right to deny visa issuance to further the foreign policy goals of the United States, but in the absence of a directive junior consular officers cannot arbitrary deny an immigrant visa because they don't like an overstay.
 
TheRealCanadian said:
Here's where things get interesting - not all claims of US citizenship are the same. To give you an example - I am a US citizen.

Actually, I'm not. I just told you a lie and made a false claim to US citizenship, but there's no more legal consequences to this than if I told you the moon was made of green cheese. Now if I said that to a CBP officer at a POE when attempting to enter the US, that's a different story.

It's questionable whether making a claim of US citizenship for employment is making a claim of citizenship for a state, federal or immigration benefit. I don't see private sector employment as falling into those categories.



No, they cannot. Consular officers cannot arbitrarily deny an immigrant visa because of an overstay. Either the 3/10 year bars were triggered in which case they are legally forbidden to issue the visa, or they were not in which case there is no legal basis to deny the visa. Now the State Department has the arbitrary right to deny visa issuance to further the foreign policy goals of the United States, but in the absence of a directive junior consular officers cannot arbitrary deny an immigrant visa because they don't like an overstay.
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Section 212(a)(6)(C)(ii) of the Act applies not only to false claims to U.S. citizenship to obtain a benefit under the Act, but also to false claims for any purpose or benefit under any other Federal or State law. Therefore, an alien who made a false claim to U.S. citizenship to obtain any Federal or State benefit on or after September 30, 1996, would be inadmissible under section 212(a)(6)(C)(ii) of the Act. A false claim to U.S. citizenship for a “purpose” under Federal or State law would include, for example, voting.

It is not necessary for the claim to have been made to a U.S. Government official. The statutory language in section 212(a)(6)(C)(ii) of the Act is broad in scope and provides that the false claim may have been made “…for any purpose or benefit under this Act (including section 274A) or any other Federal or State law…” Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.
 
ok. so things are pretty complicated and need legal help. in. your opinion, what would be the way to approach this situation ?
 
PraetorianXI said:
Section 212(a)(6)(C)(ii) of the Act applies not only to false claims to U.S. citizenship to obtain a benefit under the Act, but also to false claims for any purpose or benefit under any other Federal or State law. Therefore, an alien who made a false claim to U.S. citizenship to obtain any Federal or State benefit on or after September 30, 1996, would be inadmissible under section 212(a)(6)(C)(ii) of the Act. A false claim to U.S. citizenship for a “purpose” under Federal or State law would include, for example, voting.

It is not necessary for the claim to have been made to a U.S. Government official. The statutory language in section 212(a)(6)(C)(ii) of the Act is broad in scope and provides that the false claim may have been made “…for any purpose or benefit under this Act (including section 274A) or any other Federal or State law…” Thus, a false claim of U.S. citizenship can be made to a private individual, as the statutory language includes specific mention of 274A of the Act, and the employment verification procedures described under section 274A of the Act cover both Government and private employers. For example, an alien who makes a false claim of U.S. citizenship to a private employer on Form I-9 (Employment Eligibility Verification) on or after September 30, 1996, is inadmissible under section 212(a)(6)(C)(ii) of the Act.
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Read between the lines! USCIS has to prove he did it!
 
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