illegal residence in USA from PR China reentering USA

Z

zhoujun

New Member
Hi,

I have a technical question about re-entering USA.

I am holding passport from PR China. I moved into USA 1996 with F1 visa and worked with H1b visa for 3 yrs. My H1b visa was expired 5 yrs ago. I have never left this country in last ten yrs.

I am still staying in USA now and planning leave USA. My concern is that how to get back into USA again. I know that most likely i would have problem to do that with my current passport. Any workaround for my problem?

I would think myself one solution is get married in USA but how long does it take before i can safely leave USA and what's the chance of getting this done?

Or i can leave USA now without doing anything but get immigrated to another country so change my passport. Kind of tricky but it might work for my situation. Is it going to help me to get into USA even if i had history of illegal staying?

Will USA custom has my information except passport number like finger print?

thanks

-jun
 
Just getting married in the US won't help. You would have to get married to a US citizen who can file papers for you to get a green card through marriage. I believe that is the only loophole that is available to legalize your status after being in the US illegally. Even that I am not sure if there are any limits on the length of the illegal stay.

Other than that you are going to be barred from entering the US for like 10 years once you leave. I don't think it matters which country's passport you have. Any background check will bring up your illegal stay and so I am sorry to say that you may not have a lot of options.

As for what they have on you, it is just the information you furnished when you applied for your F1 and H1 visa and when you entered the country. They have been fingerprinting people after the 2001 attacks. I don't think they did that before but I don't see the point unless you are planning to assume a whole new identity or something.

-KM
 
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what kind of citenzen should i marry to

hi,

i know american citizen would help my situation but what kind of people should be be looking for? i can think about things like paying tax regularly, clean record in FBI PCC record, never breaking INS laws? anything else?

also out of curiosity, how will i get away with the illegal staying after i get my greencard by marrying american citizen? do i get some kind of exemption?

thanks

-jun
 
I think your illegal stay is pardoned to some extent by the fact that you are now married to a US citizen. But again this is what I have gathered from various posts here. I am not sure if a 5 year illegal stay will still be OK when you apply for a green card.

As for what kind of person you should find I am not going to advocate looking for someone to marry just to legalize your status in the US - especially if acquiring immigration benefits is the sole intent of your marriage. That would not be ethical. But if you happened to meet someone that you were interested in and that person was interested in you too, and that person also happened to "fit the bill", there is a chance marriage may help you legalize your status. Better check the forums for further information.

-KM
 
The only way an overstay is forgiven is through marriage to a USC, and I have known people who have overstayed 8 years and have their overstay forgiven by going this route. However, the only problem is that if you have such an overstay, then you will be extra scrutinised when it comes to your AOS interview to get the greencard. They will want to know that the marriage you are entering is bonefide and not just of convenience as a means of staying in the country- just as kagemusha has highlighted. If it is proved that the marriage isnt in good faith then you will be denied and deported.

If you do leave the country, then as previously mentioned, you will ensue the 10 year ban, meaning that if you try to enter the USA within that time, you will be denied at the POE and sent home. After the 10 year ban is up, you will have to obtain a visa to enter the States again.

I wish you the best of luck.
 
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