'out-of-status', citizenship and selective service.

B

brit01

Registered Users (C)
I have a series of questions. Thanks in advance for anyone taking the pain to reply.

I arrived in the US in 1999 on an M-1 visa. My M-1 visa expired in May 2002. However, by that time I married my sweetheart I have been dating for two years. I filed for Permanent Residency on Sept. 2002 and was granted on Feb. 2004.

My questions are:

1. What was my status during the time my M-1 expired to the time I applied for Permanent Residency (4 months) Was I ‘out-of-status’ OR illegal?

2. How is this going to affect my citizenship application?

3. Form I-400 mentions that legal non-immigrants are not required to register with Selective Services. However, it says that illegal aliens are required to register with Selective Service. Should I have registered during my 4 months between the expiry of my M-1 to the time I applied for PR? OR can I just check the box which says that I was not required to sign up with selective services. By the time I got my GC, I was past my 26th birthday.

Also, my 4 months of ‘out-of-status’ was not deliberate. Before my M-1 expired, I applied for an extension. However, I did not receive any reply from the INS. When I filed for PR, I inquired about my M-1 extension application. The INS officer could not find any records on that. However, he told me not to bother because I have filed for Permanent Residency by that time. He was at least partially correct. I did get my GC approved without any trouble. :confused:
 
Are you planning to spend some quality-time with a good lawyer? Might be a good idea.

In absence of being able to prove you submitted an application for extension of your M-1, I recommend waiting at least 5 years from when you were out of status until you submit your N-400. This will help cover you against failing to register for SS (while you were illegal) and also the immigration violation.

Ultimately I think you'll get your citizenship, it just may take a little longer than you hoped.
 
I read somewhere that you are "forgiven" for being out of status if you married a US citizen. Don't think this will affect citizenship application. Someone correct me if i am wrong
 
ApplyinMidwest said:
I read somewhere that you are "forgiven" for being out of status if you married a US citizen. Don't think this will affect citizenship application. Someone correct me if i am wrong
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I think the "forgiven" step is something that usually happens during GC processing, when you have to submit an extra application form and fine. Wish I could remember what I-?, but I don't suppose it matters since it doesn't really apply in this instance.
 
I don't think they will give you trouble with the out-of status matter since they approved your greencard. They wouldn't grant it in the first place if it were a problem. But the selective service registration, that's another whole matter.

Is there anyone here with out-of-status case (when applying for greencard) that has gone through citizenship interview?
 
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1) Yes you were "out of status" for the 4 months in question. But the serious penalties for overstaying begin when you overstay for 6+ months. If you overstay for 6+ months then you are subject to a 3 year ban on re-entry to the US. If you overstay for 1 year+ then you are subject to a 10 year ban on re-entry. These bans apply regardless of whether you subsequently marry a US citizen.

Because your 4 month overstay was less than the 6 month trigger, that is why your GC was approved. It is also why your 4-month overstay won't have too much impact on your Citizenship application. But if there is other stuff you have done wrong, they may add your 4-month overstay in the case agaisnt you when considering "Good Moral Character". All in all, if you have no other issues, I wouldn't worry too much about the 4-month overstay.

2) The Selective Service is a problem if you were under 26 years old when you got your GC. If you were over 26, it is NOT an issue at all. If you were under 26, then you will have to explain why you did not register; this is a tough-sell. One way around it would be to wait until you are 31 years old and then apply for Citizenship. If you are over 31 when you apply they don't weigh the Selective Service issue as heavily because the Citizenship application tends to focus on your conduct in the 5 years preceeding the application.

Good Luck!
 
Thanks again for the very informative reply. Fortunately, I was above +26 when I got my GC. I'll give it a shot and see what happens.
 
I would still contact SSS and get letter from them.You will need that letter down the road when you apply for federal jobs.
 
I agree. Definitely get the letter from Selective Service Administration saying that you were not required to register because you were over 26when you got your GC. This is pretty easily done by checking your GC which has your DOB and the date you became an LPR. I think they take about 6 weeks to send the letter.

I would still contact an attorney in your area about the overstay issue mainly because 1) getting a GC and becoming a citizen are two different things with two different standards of review; they are much more rigorous when it comes to citizenship review; 2) an attorney in your area will have dealt with the Homeland Security office in your area over and over again, would probably know them personally, and so he would have a better guage of how they, in that specific office, would handle your specific issue because like I said, an overstay is evidence of a lack of "Good Moral Character"; 3) This kind of question would probably fall under an initial consultation and most reputable attorneys give these for free; you could even do it over the phone.

Again, from what you have divulged, I don't think you have a major problem but it can't hurt to consult with a lawyer in your area especially because it would be free, or at most, less than $100. But make sure it is a lawyer with experience with the local DO you are going to file wilth.

Two other questions: 1) were you married to the USC throughout the 4-month overstay and simply failed to file the paperwork to adjust your status or was there a period of time in which you were both not married to the USC and had an expired visa? 2) There is usually a grace period after your visa expires, does this cut into the 4-month overstay, or have you already included it in your calculations?
 
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Zuleron...

See my response in RED....

zuleron said:
1) Yes you were "out of status" for the 4 months in question. But the serious penalties for overstaying begin when you overstay for 6+ months. If you overstay for 6+ months then you are subject to a 3 year ban on re-entry to the US. If you overstay for 1 year+ then you are subject to a 10 year ban on re-entry. These bans apply regardless of whether you subsequently marry a US citizen.

These bans apply if you leave the US without seeking to adjust your status in the US. However, once sponsorship petitions are submitted, then you are on solid grounds. If he left the US without filing these petitions, then he would have triggered the BAN, and as such, faced difficult time trying to get back to Uncle Sam. Crimes or issues of moral turpitude are the only instances where a marriage to a USC doesn't eliminate.


This is factually incorrect and misleading. You can be an
oversatay of 20 years, once you get married to USC, then the USCIS forgives all for those violations without any problems. Unless you have commited a crime which makes you inadmissable, then your greencard will be approved regardless of how long you were an overstay.


Because your 4 month overstay was less than the 6 month trigger, that is why your GC was approved. It is also why your 4-month overstay won't have too much impact on your Citizenship application. But if there is other stuff you have done wrong, they may add your 4-month overstay in the case agaisnt you when considering "Good Moral Character". All in all, if you have no other issues, I wouldn't worry too much about the 4-month overstay.

His greencard was approved because he was eligible and was sponosored by his USC wife. His out-of-status has been forgiven.

2) The Selective Service is a problem if you were under 26 years old when you got your GC. If you were over 26, it is NOT an issue at all. If you were under 26, then you will have to explain why you did not register; this is a tough-sell. One way around it would be to wait until you are 31 years old and then apply for Citizenship. If you are over 31 when you apply they don't weigh the Selective Service issue as heavily because the Citizenship application tends to focus on your conduct in the 5 years preceeding the application.

On Selective service, not an expert on this one. Call a local Catholic Charity which deals with immigration issues, and they will surely be of great help. So, find one office and be on your way. However, when you apply for naturalization, if you were bound to have registered, then they will send you an RFE for your registration, and you will have an opportunity to apply for registration of SS at a local office, and avoid the hanger... :p

Good Luck!
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Al southerner wrote:
These bans apply if you leave the US without seeking to adjust your status in the US.

You are right. That is why I said ban on re-entry. But the bans are also trigggered by the 6+ month and 1+year rules so it is not factually incorrect or misleading to point them out. He/she may have been saved by the marriage to a USC, but he/she is ALSO saved by the fact that he/she did not leave the US (re-entry) AND that his overstay was less than 6 months.

Al southerner also wrote:
This is factually incorrect and misleading. You can be an
oversatay of 20 years, once you get married to USC, then the USCIS forgives all for those violations without any problems. .


I'm pretty sure that if you overstayed for 20 years and left the US, the 3 and 10 year bans would apply and not even a subsequent marriage to a USC would save you. So it is factually incorrect and misleading to suggest that marrying a USC can cure all overstay defects in a GC application.

In a natz application, USCIS has the right to go back and look at everything you did in, at least, the preceeding 5 years. So if the overstay occured in the preceeding 5 years, USCIS has the right to re-examine the circumstances of the overstay within the context of the Natz application. In this case, based on what he/she has divulged, and as I have noted, I would not be too worried but I would be careful about being over-confident. It is better to cover all your bases.
 
Two other questions: 1) were you married to the USC throughout the 4-month overstay and simply failed to file the paperwork to adjust your status or was there a period of time in which you were both not married to the USC and had an expired visa? 2) There is usually a grace period after your visa expires, does this cut into the 4-month overstay, or have you already included it in your calculations?[/QUOTE]

To answer your questions:

1. I was married to the USC throught the 4-month overstay and simply failed to file paperwork to ajdust my status.

2. From the time my visa expired, in exactly four months I filed for adjustment of status to obtain PR. I did not factor the 'grace period' in my calculations...I wasn't even aware of this grace period!!

Once again folks, thanks for the replies.
 
brit01 said:
Two other questions: 1) were you married to the USC throughout the 4-month overstay and simply failed to file the paperwork to adjust your status or was there a period of time in which you were both not married to the USC and had an expired visa? 2) There is usually a grace period after your visa expires, does this cut into the 4-month overstay, or have you already included it in your calculations?
Click to expand...

To answer your questions:

1. I was married to the USC throught the 4-month overstay and simply failed to file paperwork to ajdust my status.

2. From the time my visa expired, in exactly four months I filed for adjustment of status to obtain PR. I did not factor the 'grace period' in my calculations...I wasn't even aware of this grace period!!

Once again folks, thanks for the replies.[/QUOTE]



Dude, you don't have much to worry about.

Grace period is basically a chance for you to get your affairs in order before you leave the country -- debts, leases, bank accounts etc. The grace period allowed may be different depending on what visa you are on, but your marriage situation makes the grace period question wholly irrelevant.

GOOD LUCK!
 
Thanks a lot...I just dispatched my N-400 today. :D Also, I also requested a "Status Info. Letter" from selective services just in case.
 
brit01 said:
I arrived in the US in 1999 on an M-1 visa. My M-1 visa expired in May 2002. However, by that time I married my sweetheart I have been dating for two years. I filed for Permanent Residency on Sept. 2002 and was granted
Click to expand...

Look after her man.
 
Once again folks...thanks for the replies and advice. Now, I have a new dilemma (regarding selective service registration and citizenship interview).

As I stated before, I came to the US on an M-1 visa. I eventually became a Permanent Resident (after my 26th birthday). However, I was out of status for 4 months before I got my Permanent Residency. Also, the 4 months oduring which I was 'out-of-status' happened before my 26th birthday. Upon research, I found out that I should have registered for selective services during that time because I was out-of-status and below 26.

With my citizenship interview coming up in a few weeks in Houston, I requested the selective service to send me a 'status-information-letter' and explained my position. I also prepared a notarized affidavit stating that my failure to register with Selective Services was not willful.

However, today I received the letter from Selective Services stating that I was not required to register with selective services!! Should I write back to the selective services that I was required to register and to give me a status-information-letter with that information on it? My worry is, if I take the current letter from the selective services saying I was not required to register, would the CIS officer be satisfied with that...can he not see in his file that I was out-of-status and thus required to register with SS??
 
Once again folks...thanks for the replies and advice. Now, I have a new dilemma (regarding selective service registration and citizenship interview).

As I stated before, I came to the US on an M-1 visa. I eventually became a Permanent Resident (after my 26th birthday). However, I was out of status for 4 months before I got my Permanent Residency. Also, the 4 months oduring which I was 'out-of-status' happened before my 26th birthday. Upon research, I found out that I should have registered for selective services during that time because I was out-of-status and below 26.

With my citizenship interview coming up in a few weeks in Houston, I requested the selective service to send me a 'status-information-letter' and explained my position. I also prepared a notarized affidavit stating that my failure to register with Selective Services was not willful.

However, today I received the letter from Selective Services stating that I was not required to register with selective services!! Should I write back to the selective services that I was required to register and to give me a status-information-letter with that information on it? My worry is, if I take the current letter from the selective services saying I was not required to register, would the CIS officer be satisfied with that...can he not see in his file that I was out-of-status and thus required to register with SS??
 
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