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Am I an overstay or EWI? plz help.
I have read many post on this subject but can't figure this out.Im planning on getting married to my citizen boyfriend and hope to adjust my status, but I need to know if Iam an overstay or if I entered without inspection to see if I can adjust here or in my country.
I entered the U.S at age 3, using my godsister's name (u.s. citizen)and papers. I came on an air plane. I have never left the U.S since my entry. I don't think I'm covered under 245i, because I have never been petitioned.My dad married for adjustment but didn't include me in the case. I am now 20 years old. Can I be considered an overstay? |
Re: Am I an overstay or EWI? plz help.
well that's a bit complicated you could and very likely get a life ban from the united states if you admit to using documents that were not issued to you especially U.S Citizenship. but just wait for a better answer from others on here
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Re: Am I an overstay or EWI? plz help.
I highly doubt it will sit well with ICE knowing you used another persons citizenship to enter the country, regardless of the age. Unfortunately, it is true that you are banned for life if you claim citizenship, and they are aware of it, when you're not. Granted you entered with inspection, it might be likely as if you didn't.
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Re: Am I an overstay or EWI? plz help.
Erase / Rewind
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Re: Am I an overstay or EWI? plz help.
That's complicated because you don't have the I-94 and you also entered with papers that did not belong to you. I think that it's the best to consult an attorney, we can only guess.
Maybe a smart attorney will have a smart solution because you entered with inspection. However, even if someone entered with inspection with his own visa - it doesn't mean that he'll be allowed to change his status in the future. Under some visas it's impossible to change a status. |
Re: Am I an overstay or EWI? plz help.
Brenda04,Whatever you're about to undertake will definitely be costly to you in terms of money & time since it is a complicated situation no matter the lawyer & you should expect USCIS to give your future case a hard time.
@BN1,the original poster didn't just enter the United States with someone else's paperwork,but also that of a US citizen & thus wouldn't require an I-94.Even a smart lawyer would have to prove that the OP entered with inspection & that would mean admitting more or less to a former false claim of U.S citizenship & attacking the charge itself or as dreamerhippie mentioned the "intent" is really the only shot in this in order to adjust inside the United States.The other option to adjust would be a waiver of inadmissibility[I-601] since the false claim happened before 1996 but that would only allow the OP to adjust outside the United States.No matter the options available,tough decisions will have to be made. |
Re: Am I an overstay or EWI? plz help.
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Re: Am I an overstay or EWI? plz help.
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VBJ2 is completely right,unfortunately there are no easy routes for her case. |
Re: Am I an overstay or EWI? plz help.
Aww this sucks lol.I appreciate everyone's response.
Well I could say I had no "intent" to enter the country because I was a baby(What did I know), but I don't want to get my parents in trouble. Well i guess I'll have to move to plan B...leave the country with my boyfriend, get married over there, and begin the whole legalization process. I will of course speak to a lawyer first. Oh and this is if Dream Act doesn't pass. |
Re: Am I an overstay or EWI? plz help.
I would advise you not to leave the country and if you plan to marry, marry here and do consular filing.
If you leave and marry, you will immediately have a 10-year ban. If you marry and start the immigration process, you can stay in the country until your interview date is set in your home country (what is your home country?) you are an ewi, it will be very hard to prove that you were inspected upon entrance and it will not be wise to mention that you entered using a u.s citizens' passport/papers, if you did this you will be forever banned from entering the u.s........as for your statement saying you did not have "intent" to enter the country using documents that did not belong to you.....I know of a few cases where they claimed they were under 18, and they were still denied a spousal visa your best best is to marry and start the process here |
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