> Hello, I have started a new thread now I seem to have the hang of the
> forum. Sorry for cutting in on other peoples thread.
>
> Now we have got our head around the fact that daughter shouldn't have
> been in the US for the past two years what can we do about this
> overstay on her VW. Since she hasn't officially yet been denied her
> AOS can she leave the US and get back under VWP? She'd then be free to
> come and go until she a visa number becomes available. I am going to
> contact the firm that "Folinskyinla" works for on Monday but I just
> thought I would explore options before then. Can't just sit around
> worrying until tomorrow
Talking away to myself now! But there may be a way to help us out of our
predicament. I have just read a State Department memorandum on bars of
inadmissibility (April 4, 1998) memo that states
“In cases where the unlawful presence determination is based on an INS
or IJ finding of a status violation, the clock starts to run from the
date of the INS or IJ determination, not/not from the date on which the
alien actually began violating status”.
http://www.shusterman.com/barmemo.html
If this still applies it will mean that if USCIS will send us a letter
formally denying daughters AOS and she leaves immediately she will not
have overstayed her 90 day visa waiver. She will then be free to travel
as planned Dec 12th and return to the US for another 90 days. I think
this is what Mr. Folinsky was trying to get through to me but I stupidly
didn't pick up on it. I am going to call his firm first thing Monday.
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