Undocumented Family in the US

[facetoface 4]

Hello everyone!

 

I am a 21 year-old guy who moved to the US from Colombia when I was a little boy (2 years-old), and lived there until I was 18 and 1/2. I overstayed my visa as a minor so therefore speaking in terms of bar time, there is none aplicable since the time overstayed in the US after turning 18 is only 5 months. I decided to come back to Colombia to avoid having any overstayed time taken against me.

 

While I was still underage, about 14 years old, my mother married and American Citizen, with the intention of gaining citizenship. During this process my mother, older brother, and I obtained social security numbers and temporary permanent resident cards (Which I took advantage of and worked through most of my high school years at a McDonald´s for college). Yet, during the interview, two years later for permanent resident satatus, the marriage wasd declared fraudulent. My mother was never put in removal procceding, and decided to leave on her own before entering such a process -- she sent the proper notification to USCIS informing that she was leaving.

 

As for me and my brother, we stayed in the US with my grandmother. I finished high school and decided that I didn`t want to live as an undocumented immigrant, and decided to come down to Colombia for college. Meanwhile, my brother is still in the states living and working. 

 

Its been almost three years since i´ve  been living in Colombia. Already finishing my junior year in college and have worked all throughout college. Thankfully i´ve and have a great  paying job due to my ability to speak english. 

 

I´ve wanted to apply for a B1/B2 Toruist Visa for two reasons:

1. Have the freedom of being able to travel without limitations based on a descicion that was taken for me as a minor

2. I current work for a multinational company based in theUS, and there are many career growth oportunities which would requiere for me to travel to the US frequently.

 

I have NO intention of living in the US, but simply work and travel as a tourist.

 

Questions: 

 

1. Is it possible for me to be granted  a B1/B2  type visa?

2. On the visa aplication form,  it asks if I have any relatives in the US, and what  their legal  status is, should I list my brother or would that have future consequences for him? 

 (If I were granted the visa, I would mainly be traveling to Florida and Georgia,  and in neither of the two my brother lives.

 

Thank you for all of your help!

 

 

[Roel 7,191]

IMO you might have a lot of troubles getting a visa. And of course you have to list your brothers on the application. Not doing so would be lying and can earn you a lifetime ban. 

[Sunnyland 639]

2 hours ago, duvan04 said:

Hello everyone!

 

I am a 21 year-old guy who moved to the US from Colombia when I was a little boy (2 years-old), and lived there until I was 18 and 1/2. I overstayed my visa as a minor so therefore speaking in terms of bar time, there is none aplicable since the time overstayed in the US after turning 18 is only 5 months. I decided to come back to Colombia to avoid having any overstayed time taken against me.

 

While I was still underage, about 14 years old, my mother married and American Citizen, with the intention of gaining citizenship. During this process my mother, older brother, and I obtained social security numbers and temporary permanent resident cards (Which I took advantage of and worked through most of my high school years at a McDonald´s for college). Yet, during the interview, two years later for permanent resident satatus, the marriage wasd declared fraudulent. My mother was never put in removal procceding, and decided to leave on her own before entering such a process -- she sent the proper notification to USCIS informing that she was leaving.

 

As for me and my brother, we stayed in the US with my grandmother. I finished high school and decided that I didn`t want to live as an undocumented immigrant, and decided to come down to Colombia for college. Meanwhile, my brother is still in the states living and working. 

 

Its been almost three years since i´ve  been living in Colombia. Already finishing my junior year in college and have worked all throughout college. Thankfully i´ve and have a great  paying job due to my ability to speak english. 

 

I´ve wanted to apply for a B1/B2 Toruist Visa for two reasons:

1. Have the freedom of being able to travel without limitations based on a descicion that was taken for me as a minor

2. I current work for a multinational company based in theUS, and there are many career growth oportunities which would requiere for me to travel to the US frequently.

 

I have NO intention of living in the US, but simply work and travel as a tourist.

 

Questions: 

 

1. Is it possible for me to be granted  a B1/B2  type visa?

2. On the visa aplication form,  it asks if I have any relatives in the US, and what  their legal  status is, should I list my brother or would that have future consequences for him? 

 (If I were granted the visa, I would mainly be traveling to Florida and Georgia,  and in neither of the two my brother lives.

 

Thank you for all of your help!

 

 

 

Did you mean that you want to work and travel with your tourist visa?  

If that is what you meant, you should know that you can NOT and should NOT try to work with a tourist visa. That is not allowed. 

You have to always say the truth. You have to mention all your relatives in U.S. Do not lie in the forms because just so you know, they (immigration dept) know ALL about you. They will find in their system you have family in this country. 

[aleful 1,905]

hi

 

as said you can't work on a tourist visa, it is for travelling, leisure not work 

 

[Boiler 43,434]

You can certainly apply

 

Tell the truth.

[facetoface 4]

14 hours ago, Sunnyland said:

 

Did you mean that you want to work and travel with your tourist visa?  

If that is what you meant, you should know that you can NOT and should NOT try to work with a tourist visa. That is not allowed. 

You have to always say the truth. You have to mention all your relatives in U.S. Do not lie in the forms because just so you know, they (immigration dept) know ALL about you. They will find in their system you have family in this country. 

No, my intention is not to work in the US, but to have business prupose training meetings (Headquarters type training).

[Allie D 39]

You can try applying for a B1/B2 and should tell the truth. I don't know what kind of information USCIS retains but assume that they have files documenting your family's entries, exits, and overstays. For example, your mother notified USCIS that she was leaving the country. Records could show that only she and you left, but that your brother did not. I'm not a lawyer but given your family's history with USCIS, assume that your background might be investigated.

[Coco8 1,039]

I'm not going to repeat what others have said. If you go ahead an apply, you will need to provide a lot of evidence of ties to Colombia. Because you were already undocumented in the US and you have family in the US (still undocumented for what you say?), your case will be flagged.

 

It is hard to know if you will get it. You just have to tell the truth, give them a ton of evidence that you will go back to Colombia, and see what happens.

 

 

Edited May 13, 2017 by Coco8

[Allie D 39]

14 minutes ago, Coco8 said:

I'm not going to repeat what others have said. If you go ahead an apply, you will need to provide a lot of evidence of ties to Colombia. Because you were already undocumented in the US and you have family in the US (still undocumented for what you say?), your case will be flagged.

 

Seconded. You need to demonstrate a lack of immigrant intent/strong ties to your home country for a tourist visa anyway. Given your and your family's history with USCIS, assume that you'll be under extra scrutiny on top of this.

Edited May 13, 2017 by Allie D

[Transborderwife 4,666]

You can try but I'd expect a denial

[TBoneTX 43,058]

An unnecessarily assaultive post has been removed.  Being frank is fine; being cruel isn't.

[Shiobhan 235]

You can apply, you have a great job, show ties, you were taken as a minor

you do stand a chance so apply

Of course the OP do not mean working in the US on a tourist visa

[facetoface 4]

Wanted to share with everyone that I had my biometrics taken yesterday and my interview with the cosnsul today, finally after an extensive 40 minute interview... 

 

MY VISA WAS APRROVED!

 

Thank you everyone for you input!

 

Warm regards from Colombia!

[Allie D 39]

51 minutes ago, facetoface said:

Wanted to share with everyone that I had my biometrics taken yesterday and my interview with the cosnsul today, finally after an extensive 40 minute interview... 

 

MY VISA WAS APRROVED!

 

Thank you everyone for you input!

 

Warm regards from Colombia!

Congratulations!

[EmilyW 1,222]

How did they deal with the issue of your brother?  Did they ask questions?