If your I-94 expired in 2000 are you considered an illegal immigrant?

Question

but what if you are married to a us citizen?

Answer 1

As an overstayer, you are indeed an illegal alien.  You have also been in violation of immigration laws for 8 years = 10 year ban.  Leave immediately and return to your own country voluntarily. Unless you like the alternative of arrest, detention and deportation.

Answer 2

If you got married BEFORE your I-94 expired and haven't filed to adjust your status yet then you are considered out of status. There's no time limit when you will file for adjustment but it would be advisable that you accomplish that the soonest possible time. Being out of status limits your options because you can't legally work and apply for SSN if you still don't have one.

Answer 3

Leave the US immediatley before they deport you.

Answer 4

YES.

If your I 94 has expired, you technically can be out of status. If you break immigration laws, you may also become subject to removal (deportation).

Answer 5

It depends on what your current status is at present.  If for example you applied for and was granted a change of status while in the US, say from B-1 to permanent residence status, then your departure record (I-94) is no longer required - I think.  However, if your immigration status remains non-immigrant status e.g. B-1, F-1, H1, etc. then the latest date stamped on the card is date of validity of your stay in the country.  

Based on my understanding, you don't really turn in your I-94 when you apply for say an employment authorization card, or I-485, etc. so technically you could have an "expired" I-94 and still not have overstayed since your new status should take precedence doesn't it?

Answer 6

You are considered as out of status, since you entered the US legally, but stayed over your allowed time, which is I-94.  

Answer 7

yes you overstayed and will be deported and possibly be banned...ask a lawyer...why do you folks break the law in the 1st place...

Answer 8

Firstly, stop whining and tell your husband to get off his lazy *** because he is going to need to do a c**p load of work to get your status changed for you to stay here.

Your first step here is to hire a good immigration lawyer who is going to file for adjustment of status as you are married to a US citizen.

Although your I-94 card is expired hold onto it because that is the ONLY proof that you have that proves you came here LEGALLY.  Your attorney is going to need that I-94 card to adjust your status to permanent resident and even though it is expired - INS will actually consider changing your status if you came here LEGALLY as opposed to coming here ILLEGALLY (sneaking into the country from mexico).  It is the ILLEGAL immigration that is the MAJOR problem (although overstaying a visa is also a problem too).

Your husband will need to file for you via the attorney so he needs to get off his *** and get onto it.  NOTE, even though you married a U.S citizen it is not as easy as people think - Your husband upon filing for you needs to file an Affadivit of Sponorship for you.  You also need to make sure he has filed his taxes ( past 3 years) and he MUST BE WORKING and meet a certain yearly income quota.  He needs to have reached this quota on his 2007 taxes as well as proof that he will be earning this quota 2008 onwards.

The last thing INS wants is people to stay here and go onto welfare after they give them residency.

If your husband is not working... get rid of him and find one that is making good money -the minimum quota for a person to earn with ZERO children is $17,500 pyr.  If you have a busload of kids then PRAY that your husband earned a **** load of money (legally that is) because the more dependants on your taxes, the higher the earning quota is.

By the way.... I went through the same with my husband who is from Italy and I had to do the same for him.  Thank God we have NO children and I earn a good salary.  They saw my bank statements and my salary and were happy to give my husband permanent residency since I was able to prove to them that I earn a ton of money.  

INS is ALL ABOUT MONEY HONEY!!!!!

Answer 9

Yes, you are contributing to the illegal population. When you hear about the 12 to 20 million illegal aliens in the country, you're one of them.

If you would like to know the exact deportation charge to which you are subject, it's section 237(a)(1)(B). You're in the U.S. in violation of law.

Someone else said that you are a status violator. Actually, that's section 237(a)(1)(C)(i). As you have no status anymore to violate, you will be charged with section 237(a)(1)(B).

Answer 10

Yes you are.

Answer 11

You are considered an Illegal alien BUT you do not need to leave this country. You're husband should file a petition for you ASAP. You do not need to go home. Once a petition is filed for you you are cleared. You will receive a working permit and a Green Card in about a year.

BUT

You will have problems if:

a.) You where arrested for a felony

b.) You have been told to depart the US but you have failed to do so

c.) You have been charged with a DUI

d.) You are not really married to a US Citizen

e.) You have disregarded orders for you to show up to an Immigration Court

f.) You have never been denied for a petition.

g.) You where married to someone else before marrying the US Citizen

h.) The Department of Homeland Security sees enough evidencce that your current marriage is a "Faux/Fixed Marriage"

If you are clear from the ff. cases you should be OK. Go to a Lawyer and file for a petition ASAP. Do not wait.

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