OUT OF STATUS and Entering the US

[neway]

Hello All who can help and put some light
My friend is in situation and i would like to share he's info to see if any of you can help and suggest any good ideas..

My friend used to come in and out from the US on B1. Every time he got 3 month and left on time. after few times he was here, he met his wife and they obviously decided to get married.
The last time before he had to leave his wife (back then his girl friend) didn’t want him to go back and put pressure on him to get married.
They got married on feb 4 2010. his visa was until feb 10 2010.
So he got married while he was still legal here.
He went to an attorney to start the process for GC.

*** The attorney filed his papers 3 MONTH AFTER!!!! *** he didn’t know it will affect him now, but back then he said the attorney told him it is ok as he's married.

Anyway, so the receipt and all the rest of the process only start after may 25th 2010.

during the months of waiting and the process going on, he saw that his wife wasn’t the same person as she was before the wedding... and he realized he don’t want to stay with her and would like to get divorce and end the process for GC right away knowing he will not want to stay with his wife.

Then he got divorced and asks to withdraw his request for GC (before the interview). And 2 days after the divorce he left the US (OCT 29 2010)!
when he got divorced and left the US it was all before the interview and as mention before he asked to withdraw the reqest.



since then, 1.5 year since he left the us he did not try to get in.



The question now is - from when do they calculate the days he was "out of status" here?

How is it affecting him now?

He would like to go back and be in and out on a B1 visa. Does he have a chance to get it?

What is the best way he needs to act now in order to get it? Will he need a waver? Does he have a chance to get the waiver approved if indeed he need?



any light on the subject will be appreciated!

thank you

 

[BigJoe5]

Hello All who can help and put some light
My friend is in situation and i would like to share he's info to see if any of you can help and suggest any good ideas..

My friend used to come in and out from the US on B1. Every time he got 3 month and left on time. after few times he was here, he met his wife and they obviously decided to get married.
The last time before he had to leave his wife (back then his girl friend) didn’t want him to go back and put pressure on him to get married.
They got married on feb 4 2010. his visa was until feb 10 2010.
So he got married while he was still legal here.
He went to an attorney to start the process for GC.

*** The attorney filed his papers 3 MONTH AFTER!!!! *** he didn’t know it will affect him now, but back then he said the attorney told him it is ok as he's married.

Anyway, so the receipt and all the rest of the process only start after may 25th 2010.

during the months of waiting and the process going on, he saw that his wife wasn’t the same person as she was before the wedding... and he realized he don’t want to stay with her and would like to get divorce and end the process for GC right away knowing he will not want to stay with his wife.

Then he got divorced and asks to withdraw his request for GC (before the interview). And 2 days after the divorce he left the US (OCT 29 2010)!
when he got divorced and left the US it was all before the interview and as mention before he asked to withdraw the reqest.



since then, 1.5 year since he left the us he did not try to get in.



The question now is - from when do they calculate the days he was "out of status" here?

How is it affecting him now?

He would like to go back and be in and out on a B1 visa. Does he have a chance to get it?

What is the best way he needs to act now in order to get it? Will he need a waver? Does he have a chance to get the waiver approved if indeed he need?



any light on the subject will be appreciated!

thank you

It is hard to say if the overstay exceeded 180 days or not. The late adjustment application may have stopped accrual of "unlawful presence" unless the application was deemed frivolous. IF the filing stopped the clock, then it started again upon withdrawal. It is hard to say based on the general information provided.

IF the overstay is deemed to be 180 days or more (but less than one year) THEN a 3-year bar would apply from date of departure.

NOW, the issue that has not been mentioned is "Did USCIS deem the marriage a "sham" for immigration purposes?" If yes then, THAT would mean a lifetime ban.

 

[neway]

It is hard to say if the overstay exceeded 180 days or not. The late adjustment application may have stopped accrual of "unlawful presence" unless the application was deemed frivolous. IF the filing stopped the clock, then it started again upon withdrawal. It is hard to say based on the general information provided.

IF the overstay is deemed to be 180 days or more (but less than one year) THEN a 3-year bar would apply from date of departure.

NOW, the issue that has not been mentioned is "Did USCIS deem the marriage a "sham" for immigration purposes?" If yes then, THAT would mean a lifetime ban.

well.. i can only tell you that i know the marriage was 100% real and he was just trying to be a good person and when knowing she was not the right woman for him he asked to end it prior to the interview and left 2 days after the final divorce.

how can a person know then how the USCIS see his overstay days at? (less then 180? more?) it is definatly less then a year that i can say. but how can he know what is the right calculation in thier opinion?

also how can a person know how the USCIS deem the marriage? as you mention above... how can he find out about that?! he knows it was real but as i understand from you the USCIS might think other way.. do how can a person find out about that?

is there any waiver for that matter of the overstay? (by the way i knwo its not helping him in any way and the USCIS dont care, but his over stay happend only and due to his attorney who filed the papers 3 month after!)