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greencard change of status

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  • 10-07-2010 5:48pm
    #1
    petroltimer
    Closed Accounts Posts: 147 ✭✭


    hi,

    Just trying to gain a bit more info as differing opinions to this question, my friend is US visa waiver overstayed by 2 years. He is soon to marry a US citizen, can he then change is status of visa or because he came on the waiver he has no rights to any change of status. The differing options seem to be on the rights of visa waiver traveler. Any help would be appreciated.


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    #2
    lonestargirl
    Registered Users Posts: 1,501 ✭✭✭lonestargirl


    Firstly I'm going to say that anything I say here is just my opinion given what I know - it is no substitute for an immigration lawyer and I think your friend needs a lawyer to guide him through the process. There is a good US immigration forum at BritishExpats and it might be worth posting your question there also.

    Ok, my 2 cents on the matter

    I'm assuming from your post that your friend is still in the US, this is better and he should not leave as his ban will come into effect when he does.

    By entering under the VWP your friend signed away many of his rights, he can try to adjust status but he only has one shot, if he fails he's sent home with the automatic ban than comes with that.

    The big question here is intent, did he come on the VWP with the intent to overstay or did his circumstances change once he came over.

    What has your friend being doing for the past 2 years? I presume he's been working illegally? He needs to file his tax returns with the IRS and pay all taxes, penalties due.

    Has he been in any trouble in his time in the US? Is he driving without a valid driving licence for example?


    These are just my opinions - your friend needs a good lawyer and it's going to cost him a lot of money.


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    #3
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    My disclaimer: This is just my amateur opinion and your friend should really go to an immigration attorney in the US to get clarification.

    But if he's been in the US for 2 years illegally wouldnt it be better to leave and not mention the 2 years?

    And then he can take care of the marriage visa from ireland?


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    #4
    lonestargirl
    Registered Users Posts: 1,501 ✭✭✭lonestargirl


    InTheTrees wrote: »
    But if he's been in the US for 2 years illegally wouldnt it be better to leave and not mention the 2 years?

    And then he can take care of the marriage visa from ireland?

    No. They will know he hasn't left the country and his ban is automatic once he leaves the US.


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    #5
    lonestargirl
    Registered Users Posts: 1,501 ✭✭✭lonestargirl


    Also, if he went for the inteview for he would have to prove the bona-fides of their relationship which would involve admitting that he overstayed.


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