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I'm more than a year out of status on a VWP entry and need help to stay with my US wife and stepchildren.

Santa Rosa, CA |

I entered the US under the Visa Waiver Program in January last year and missed my flight back to the UK. I married my wife (a US citizen by birth) in June last year and had fully intended to file for Change of Status but, due to financial circumstances, we were unable to afford to file. I have just come into some money and would be able to afford the various fees within the next six weeks. However, I am well out of status and would be subject to a time bar on re-entering the US if I left to apply for a visa.

As I understand it, I am not able to apply for a Provisional Unlawful Presence Waiver as we haven't filed an I130. Taking my family to the UK is not an option as the children's father would not permit it. Can you please advise me on the best course of action?

Thanks to all who advised me to hire a lawyer - I do realize that is my best course of action but there isn't enough money for that. I have just enough to file.

Attorney Answers 4


Step 1: hire a local experienced immigration attorney as what needs and can be done depends on local USCIS practice.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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More information is needed. Do consult with an experienced Immigration Attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Hire an immigration lawyer.

Free Consultation Anywhere in USA | 626-399-4194 | |

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You shoudl file for adjustment in the U.S. and include an affidavit showing why you were not able to file during the 90 day VWP period. We have done several of these cases successfully so if you need help contact me as indicated below and I will advise what we need to represent you.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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