visa waiver overstay married with a citizen and a 6 years old daugther

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pabloelpelu

Registered Users (C)
i came to this country in june 2000 on a visa waiver ,met my wife on september 2000 ,we got married in 2006, we have a six years old daugther and i never left the country.
we live in nj and my wife is going to be a citizen in a few months ,but we heard that i'm not elegible for a aos.
i would like to know what are my chances? and what should i do ? can we move to new york and do the aos there ?.
i know that i have been overstay for to many years but i have never been arrested or have any kind of problems like police records .
thank you for your advice.

Additional information
form i 130 approved ,tax payer ,clean record,speak perfect english,
 
A ruling earlier this year gave USCIS the unappealable authority to deny AOS for visa waiver overstayers. It doesn't matter if you move to New York; Federal law controls it, not state law.

However, it didn't require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS you'll probably be deported soon after that.
 
Any provision to grandfather those VWP overstayers who entered the US before the ruling came out?

Jackolantern said:
However, it didn't require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS you'll probably be deported soon after that.
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Jackolantern said:
A ruling earlier this year gave USCIS the unappealable authority to deny AOS for visa waiver overstayers. It doesn't matter if you move to New York; Federal law controls it, not state law.

However, it didn't require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS you'll probably be deported soon after that.
Click to expand...

Can you recall the case name or provide a link?

Thanks,
 
thanks everyone,,,can you please give me an advice or other things that i shoul do if something go wrong ???
thanks again
 
You're almost surely going to get denied and deported if you apply for AOS now.

My advice would be to forget about the green card for now, and take your wife and child to live outside the US. That way you get to leave on your own terms and stay together with your family, instead of being locked up in a detention center for weeks or months until they deport you. And upon completing 10 years outside the US, you will become eligible for a green card through a US consulate (make sure to keep proof of when you left the US, so it's easier to prove that you served the 10 year ban), if you still want to return.
 
I was going through this thread and learned that visa waiver cannot adjust there status but what if the person is still in status and get married before going out of status even then also can he/she still adjust status or not?
 
So I guess this is one avenue where visitors who need B-2 visas are better off than the 36 nations that are part of VWP :)

Jackolantern said:
No, they upheld the denials of those who entered before the decision came out. The only grandfathering is for those whose AOS were already approved.
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Think about it. VWP entry applicants get 90 days. There is no room for I-539 extension. I really see no way of them entering the US, getting married, applying for AOS and getting it approved all in 90 days. Also keep in mind, if they marry right after entering the country, they can be accused of having immigrant intent at the POE and thus misrepresenting themselves. That in itself is a huge problem.

faddu630 said:
I was going through this thread and learned that visa waiver cannot adjust there status but what if the person is still in status and get married before going out of status even then also can he/she still adjust status or not?
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Triple Citizen said:
Think about it. VWP entry applicants get 90 days. There is no room for I-539 extension. I really see no way of them entering the US, getting married, applying for AOS and getting it approved all in 90 days. Also keep in mind, if they marry right after entering the country, they can be accused of having immigrant intent at the POE and thus misrepresenting themselves. That in itself is a huge problem.
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Salam and Thanks Triple Citizen for your reply. I have no knowledge on visa waiver program but the only reason i asked this question coz one of the October filers which came on visa waiver program applied for AOS and she said she married before getting out of status. Your detailed answer cleared everything for me so Thanks again for reply.
 
Triple Citizen said:
So I guess this is one avenue where visitors who need B-2 visas are better off than the 36 nations that are part of VWP :)
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People from VWP nations still have the option of applying for a B2 visa.

Of course, the screening process for B2 visas means most who have indications of immigrant intent (such as having a USC or LPR spouse or fiancee) will be refused the visa.
 
I was 10 days shy of being out of status when I got married.. I had been here for almost 90 days already. Tomorrow is my interview, I'll keep you guys posted :P I've been out of status for 1 year and 9 months before I applied for my GC, that's still less than 6 years, but If I get approved I don't see why others wouldn't... Well maybe i won't, we'll see tomorrow ;)
 
Just prepare for a battle with a buffalo, USCIS might want to nail someone on the wall as a Xmas holiday. I wish you the best and hope the news are positive.
 
TheRealCanadian said:
It's an article by a lawyer. It was never "official".
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Well, I meant the fact that "The New York Circuit Court of Appeals (2nd Circuit) is one of the Circuits among 5 others of the12 Circuit Courts in the U.S. that allows visa waiver aliens to adjust their status in the U.S., if they marry an American even if they have overstayed their visa waiver period.".. You would think a lawyer is well informed in that case? Either way, we'll see tomorrow if NY still allows visa waiver overstays for AOS approval. ;)
 
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