Father of 2 USC children, visa overstayer with clean-ish record gets picked up by ICE - Page 2

We’re basically in the fuck around and find out phase

Again!?

Why are you so pressed? You’re like that one liberal chick that gets offended by everything. If you can’t handle the heat get out of the kitchen.

Biden's ineptitude paved the way for the return of a vengeful Trump.

Be careful, you might hurt vft1008‘s feelings

Alright let me add my 3 cents because it bothers me when the very people who this is important for and thus should know, don't know.

Overstayers who married a US Citizen (and parents, and children under 21) can normally adjust their status.
There's some exceptions like overstaying C/D-1 (barred), S-visa (not sure you'd accomplish this), J-visa (might require a waiver of foreign residency requirement), and K-1/2 (can only adjust via whoever got them the K-1/2).

Then for those who can't adjust (non-immediate relative categories where falling out of status is a bar to AOS or above or EWIs) then they'd need to leave US to undergo consular processing. This is where re-entry bars come into play where you're damned if you do, damned if you don't, and will need an I-601A waiver or fall into some category where you won't get banned (F/J/M overstayers admitted for D/S, Canadian B-1/2 uncontrolled visitors, got some kind of lawful presence before turning 18.5).


So yeah, it's definitely a good question why he didn't just adjust his status. I fully do suspect some further complications like an old removal order, frivolous asylum claim, marriage fraud finding, or something else because as presented this should be just filing the forms and attending an interview.

Difference is I have valid DACA.

Don't know what they are referring to as "self defense case"

Could be a felony charge.

Having DACA isn't the flex we think when it comes to protection. Sure it helps, but if you have anything in your record, you are at risk. ICE has made it clear, anyone in the country unlawfully is "on the table."

Was your case expunged and sealed? if so, I would not worry about it too much.

Come on, it is a dismissed "disorderly conduct" without any harm to anyone.

I don't know if you saw on my earlier post, but a dismissal does NOT erase the offense from your criminal record, but it does change your record to show that the conviction was dismissed.

I would hope they don't come after anyone with something such as, unless there was an actual crime committed, but the Laken Riley act was not helpful towards our case.