overstayed my C1D visa back in 2003?

Question

now i'm married to u.s citizen and have 7 month old baby.we filed all the papers needed and i'm about to go for my medical.uscis needs the evidence of my entry but i lost my passaport with visa in it.can someone tell me what else i could use as evidence?could some of my cruise papers help my case?or any other ideas?what could me and my family face in the future regards to the situation?please help.....thank you!!!!

Answer 1

The best advice is to find the passport you 'lost.' CBP will probably have a record of your arrival, but it's not always certain that they will.

If you are an illegal overstay, even though you're married and have a child, you might not be allowed to adjust status in the US. You may be deported and forced to apply for your immigrant visa overseas. If you are, then you face a 10-year bar due to your three-year overstay under 212a9B of the INA. You will be allowed to apply for a waiver of the bar, and if you and your wife can prove sufficient hardship, you may be allowed to immigrate legally.

Here is the law: section (II) applies directly to you:

(B) ALIENS UNLAWFULLY PRESENT.-


(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-


(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or


(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.


(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

Answer 2

he's banned from the US for 5 years from the date he departed the US considering he had below a million year of unlawful presence. even if, there are waivers for this which he might want to get at the same time as he applies for the H1 visa. No ensures he receives it even if it really is an selection.