visa waiver overstay married with a citizen and a 6 years old daugther
i came to this country in june 2000 on a visa waiver ,met my wife on september 2000 ,we got married in 2006, we have a six years old daugther and i never left the country.
we live in nj and my wife is going to be a citizen in a few months ,but we heard that im not elegible for a aos.
i would like to know what are my chances? and what should i do ? can we move to new york and do the aos there ?.
i know that i have been overstay for to many years but i have never been arrested or have any kind of problems like police records .
thank you for your advice.
Additional information
form i 130 approved ,tax payer ,clean record,speak perfect english,
A ruling earlier this year gave USCIS the unappealable authority to deny AOS for visa waiver overstayers. It doesnt matter if you move to New York; Federal law controls it, not state law.
However, it didnt require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS youll probably be deported soon after that.
Any provision to grandfather those VWP overstayers who entered the US before the ruling came out?
However, it didnt require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS youll probably be deported soon after that.
A ruling earlier this year gave USCIS the unappealable authority to deny AOS for visa waiver overstayers. It doesnt matter if you move to New York; Federal law controls it, not state law.
However, it didnt require them to deny all visa waiver overstayers; apparently they can approve the AOS if they want to. So you could try for AOS, but be aware that if they deny your AOS youll probably be deported soon after that.
Can you recall the case name or provide a link?
Thanks,