Overstayed B2 and worked illegally a few years ago, now filing for GC through marriage.

[Concerned-PHX]

Hi there,

I'm hoping I will get some peace of mind by getting some advice on my situation.

Back in 2002 I came to the US on a B2 visa and stayed for 4.5 years working as a nanny. No taxes were paid during that period and I never had a SSN or a ITN. Also, I never returned my i94 upon departure. To my knowledge, there's very little evidence that I was here back then. In any case, when returning home I got a new B1/B2 visa using support documentation from my employer. Since then, I've come to the US on a number of occasions for project work (B1) and also on vacation and never had any problems coming or going.

Last year I stayed here for abt 8 months on a B1 working (my stay never expired as I had a trip back home in between) and met my now husband. I came back on B2 in June and we got married in July. We haven't filed for the GC yet as we are still working on the paperwork (we are doing it ourselves without the help of a lawyer as we cannot afford it).

My biggest concern is my past and how it could affect my application. I'm well aware that lying is NOT the way to go. Can anyone please provide some insight?

Thanks much!

 

[Jackolantern]

You're not eligible for a green card. Your overstay you subject to the 10-year ban. And then you entered the US before the 10-year ban expired, which tacks on additional penalties.

When they scrutinize your past in the green card process, if they find out about your overstay and illegal reentry, they might send somebody to arrest you in preparation for your deportation, either at your home or at the green card interview itself.

 

[ananga73]

You said it yourself there. There is really no insight to be provided except if you want to be told to try lying on your application and be prepared for the almost inevitable discovery and consequence.

I'm well aware that lying is NOT the way to go. Can anyone please provide some insight?

Thanks much!