Overstay question

E

electrongirl

Registered Users (C)
I am married to a US citizen and we have been married almost 3 years, living in Australia for the past 3 years. We recently came to the US to reside, being told that I could enter on the Visa waiver program then file here.

At customs were told that wasn't correct but they allowed me in on a Paroled status with an expiry date of 31st Dec 08. The reason for this parole was so I could lodge my AOS paperwork and the I-130 application from my husband.

What I need to know is, we have had some trouble getting all the money needed for this as the medical costs were quite high as my son is with us and he needed a lot of immunisations and it took some of the application money.

Anyway we are only now sending off the applications but my parole expires in 3 days.

What will happen after that date? Will they come and deport me & my son?

We will be sending off the applications tomorrow but we are worried something will happen in the meantime.

I do not want to leave my husband and my son has autism and could not handle the flight back again as he had a seizure coming here.

If anyone can help me it would be appreciated.

Thank you
 
So even if we are out of status for a little while we are ok once they receive the AOS?

oh thank god... my husband is so worried we would be taken away!
 
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban. Nice to see that CBP is a bit more humane and reasonable than USCIS when apply immigration laws.
 
electrongirl said:
Will they come and deport me & my son?
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If your US citizen husband is the father, your son may have already become a US citizen automatically, or at least be eligible to become a US citizen quickly. That would make him immune from deportation. If you post the following details in the US Citizenship section of this forum, we may be able to figure out your son's citizenship options.

1. Is your husband the biological or adopted father of your son?
2. Was your husband a US citizen at the time of your son's birth (or adoption, if he was adopted by your husband)?
3. Was he married to you at the time of your son's birth or adoption?
4. If your husband is the biological father, did he ever live in the US before your son's birth? If yes, for how many years overall and how many years after the age of 14?

Also, have a look at this page: http://travel.state.gov/law/info/info_609.html
 
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nscagony said:
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban.
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She could NOT have been deported, if she was never admitted in the first place. Deportation and refusing entry are two different things.
 
my son is not from this marriage. My husband was born in the US but came to live with me in Australia but he never got citizenship there.

Does that mean my son might get deported?
 
nscagony said:
I have to say CBP was pretty generous paroling you in. You got very lucky. They could have deported you on the spot, which also earns you an automatic 1 year ban. Nice to see that CBP is a bit more humane and reasonable than USCIS when apply immigration laws.
Click to expand...

after they had me in tears and asked me a million questions etc they decided to let me in, but they did give me the option of returning to Australia.

They were actually really nice to me after they realised I wasn't a threat and was in a legitimate marriage. They even were laughing and joking when the fingerprint machine kept messing up my scans.
 
You and your son are fine, no need to shed tears. If you have to shed tears, then do it for the right reason, like Australia's test series defeat to South Africa yesterday :)

electrongirl said:
I get so many different answers, but this one tends to be the majority of them so that's good.
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