Leaving the USA After Being Petitioned for a Greencard

[Louiev 0]

Hi Everyone,

I just wanted to ask tips if I should get a voluntary exit or "forgiveness" from the USCIS. Me and My Brother(Above 21 years Old) Entered the US 2008 after my Mom passed away and decided to stay since it was too hard for us to leave. We Overstayed our Tourist visas, my Father already remarried and is now a Permanent Resident(He got his residency 2009). My father applied for a green card petition for me and my brother and we received both our i-130's and it was approved and also got the letters from the department of state stating our priority dates(Aug 29, 2009). I lost my job last year and since me and my brother are having difficulties looking for work here and on the verge of losing our apartment, we decided to leave the country as soon as possible and basically wait for our green cards to be processed there. I know that this triggers the 10-year bar but is there a way that we could apply for a forgiveness or voluntary exit so that if ever we wanted to visit our mom(She's buried here in the US) we could go?

[YuAndDan 153]

Moving to the Waiver's forum.

You would need to file an I-601 at interview time at the consulate when the time comes.

[Rick_ES_USA 13]

Yes It´s true, you could file an I-601 waiver when the time comes. But it´s easier said than done. In order to successfully obtain an I-601 waiver, you must prove "extreme hardship" to the PETITIONER.

So you have to ask yourself … ¿Am I going to be able to prove extreme hardship?, ¿Do I really want to risk 10 year bar? … and one more thing: I don´t think “voluntary exit” is of any help in this case.

[RICARDO4EVA2 194]

Hi Everyone,

I just wanted to ask tips if I should get a voluntary exit or "forgiveness" from the USCIS. Me and My Brother(Above 21 years Old) Entered the US 2008 after my Mom passed away and decided to stay since it was too hard for us to leave. We Overstayed our Tourist visas, my Father already remarried and is now a Permanent Resident(He got his residency 2009). My father applied for a green card petition for me and my brother and we received both our i-130's and it was approved and also got the letters from the department of state stating our priority dates(Aug 29, 2009). I lost my job last year and since me and my brother are having difficulties looking for work here and on the verge of losing our apartment, we decided to leave the country as soon as possible and basically wait for our green cards to be processed there. I know that this triggers the 10-year bar but is there a way that we could apply for a forgiveness or voluntary exit so that if ever we wanted to visit our mom(She's buried here in the US) we could go?

Welcome to VJ

There's be no forgiveness from USCIS.. you are not being petitioned by a eligible US Citizen so if your dad is sponsoring you.. you both have no choice but to depart the USA.

Voluntary exits only help those who was ordered to leave the usa... you havent gotten to that stage as yet. Unfortunately the mother is not the petitioner and won't be of much help. You can always apply for the waiver showing hardship to your father. Best you you.

~ edit~

** there's another site that deals with I-601/waivers but i just cant seem to remember so you can get an idea of your chances. **

Edited January 28, 2011 by RICARDO4EVA2

[nigel 7]

Be ready for a long weight and one hell of a battle....

[Boiler 43,423]

You would need to apply for another B2 visitor visa with a waiver for the illegal presence. Not easy.

You would have to leave anyway if you want to follow through on your fathers petition, you can not adjust in country. He would need to show the extreme hardships he would suffer if it was not granted.

Your best bet is to find USC's to marry and adjust that way. Overstays in that situation are forgiven.