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Overstayed Visa Waiver, Worked Illegally, and Now Married to a Citizen

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  • 02-02-2011, 06:17 PM
    ineedtoknownow
    Overstayed Visa Waiver, Worked Illegally, and Now Married to a Citizen
    I have been in the US since May 1996. I am from France and I came with a visa waiver (90 days). Altough I stayed passed the 90 days allowed. During that time period I got a SSN with nothing written on it so I have been able work anywhere I want. I am now have been married for 3 years and 6 months to my US born husband. We have 2 US born kids. i file my taxes, I have a driver's licence, I started a business... No problem as far as everyday things!

    However, I can't get out of the country. i lost my passport with my visa waiver in it. but i guess the SS office will have a copy of it since I had to present it to get my SSN. Also, the weird thing is, when I got married and called the national SS office to find out the steps to take to get my name changed to my married name, it was listed that I was born in Paris (which is right) but also that I was a US citizen. It was confirmed when I went to my local SS office. why is that? I have yet to call the INS to find out my status because I am afraid of what might happened. But I was 18 when I came here and I filed out so many forms that i can't remember what I applied for. Plus I never really stayed at an address long enough to have anything sent to me. Should I call? is there a chance the track me down and start a removal process? why is it listed that I am US citizen? How can I adjust my status if needed? it there a way to go online and check my status? I just want to be able to get out of the US (go to France) and come back without any problem.
  • 02-04-2011, 08:04 PM
    Mr. Knowitall
    Re: Overstayed Visa Waiver, Worked Illegally, and Now Married to a Citizen
    We have no way of telling you your citizenship, or why any particular agency might believe you're a citizen. You'll need to figure that out yourself or work with somebody who is able to dig up records for you. If you're telling us you're not a citizen, perhaps you're being confused with somebody else. Your application for a SSN, from what you've told us, should have been rejected - perhaps you're being confused with somebody else with the same name.

    If you aren't a citizen, you can attempt to adjust your status based upon your marriage to a citizen, but you'll have to deal with the issue of your history of unauthorized employment - and perhaps other issues as well. I suggest consulting an immigration lawyer.
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