Father of 2 USC children, visa overstayer with clean-ish record gets picked up by ICE - Page 3

Originally Posted by Lambo Mercy

I hope they target daca next. Let’s all go home

Originally Posted by vft1008

^Hey it's that stupid guy who pretended to be that even more stupid MAGA dreamer that went on Fox News praising Trump. LOL, welcome back.

Originally Posted by Copper

Not true, this only applies if you overstay your Visa and leave the country. But if you overstay your visa and you remain in the U.S., these bars do not apply as long as you are adjusting your status through marriage.

You can apply for a green card after overstaying your visa if you marry a U.S. citizen, provided that all necessary forms are filed correctly and that your marriage is genuine.

Originally Posted by Demise

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.

Originally Posted by Lambo Mercy

I hope they target daca next. Let’s all go home

Originally Posted by Copper

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.

Originally Posted by Got_Daca

Laken Riley is about theft and assault against LEOs

It is not about garden variety Disorderly Conduct