Will i Be Barred ??? HELP !!

[dwheels76 5,463]

You now what is sad about this is no lawyer said DO NOT LEAVE THE US OR YOU ARE BARRED. This is sad.

[mounir412 101]

Never EVER lie to immigration....EVER!!!!!!!!!!!!!!!

[Krikit 1,163]

Hello Shenayth, and welcome to VJ.

I am sorry you are in this situation. Always remember that lying to USCIS will get you a lifetime bar for misrepresentation. Telling the truth gives you a fighting chance. Check out the link below. It is Immigrate2US and they specialize in hardship cases. Good luck.

http://immigrate2us.net/forum/content.php

[bigdog 376]

Good Luck with your decisions.

[belinda63 2,981]

There is no waiver available for family members of LPRs, only USC. He received a 10 year ban upon leaving the US. If you don't believe the US will know you overstayed, which it is your burden to prove you didn't, Google your name and see what shows up. Then remember the US government has access to databases that you can't access by Google.

[Moomin 292]

There is no waiver available for family members of LPRs, only USC. He received a 10 year ban upon leaving the US. If you don't believe the US will know you overstayed, which it is your burden to prove you didn't, Google your name and see what shows up. Then remember the US government has access to databases that you can't access by Google.

It's not only about saying "no" to having been in the US. That's one lie which eventually will become several the minute OP sees the forms and creates a whole history in home country. Because there is no history. School, doctor, adresses, job etc. None.

OP, the sooner you go to interview, the sooner the ban will go into effect and the faster it'll be before the 10 years are over.

[GlobeHopperMama 95]

I'm sad that so many VisaJourney members are so badly informed about US immigration law when it comes to inadmissibility. Yes, you have now incurred the 10-year ban under INA 212(a)(9)(B), but there IS a waiver available through your dad, even if he's only a permanent resident and not US citizen. Let's look at the law, shall we? Always a good thing to try if you're going to tell someone their legal options and start suggesting "giving up" for the next 10 years.

INA 212(a)(9)(B) 13/ ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I). ... [skipping some irrelevant statutes about asylees and special victims]

(v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

In other words, you're banned for 10 years, the time when you were under 18 didn't count but since you spent 2 more years in the US after that, the ban applies all the same. However, if your father can file a complete packet demonstrating the hardship he would experience if you were banned for 10 years, you have a chance at a visa. Things to do RIGHT NOW:

1) Talk to a lawyer. Any of the three linked in my signature are good, trustworthy choices who know their stuff and would have a good idea if you have a shot at a visa.

2) Join immigrate2us.net. These kinds of situations are common knowledge around there and you can get a lot of good, informed advice from people familiar with the law as it applies to people in your situation.

Your presence in the US not only can be detected by officials through any means they want, but actually, it was supposed to have been specified on documents filed up to this point, and I would be concerned about submitting any DS-230 or other paperwork that fails to acknowledge your unlawful presence in the US, as it could be (rightfully) construed as misrepresentation for the purpose of attempting to et a visa. Also talk to one of those lawyers about how to correct this situation if you have filed paperwork that didn't mention your presence in the US.

Also, I highlighted the section of the law that states that the ban began WHEN YOU LEFT THE US, not when you attend the interview. Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!

You're in a rough situation, but this isn't the end. There is hope. Good luck!

Edited November 4, 2012 by GlobeHopperMama

[Jahwaree 83]

OP you will have to show school records, proof of address, bank accts being used over time here, now even if U had a bank acct (if u were older) it would be dormant maybbe, if you had a person to doctor papers for you, you will have trouble here too; 6 wks ago in the news police was called in to consulate where anapplicant had presented doctored docs, he was arrested on spot, OP chill u r young try going to another country and spending some time back and forth there, I know the culture is hard to get back into as the system is slower and jobs R few, but dont play with your freedom or a lifetime ban, it will work out you R not a criminal. Best wishes

[Karl and Olga 3]

Never EVER lie to immigration....EVER!!!!!!!!!!!!!!!

completely agree, never lie to the immigration.

[Ning 619]

PLEASE READ MY STORY !!!! ...HELPP!!! ....

im 20 years old, my father is a u.s permenant resident.

when i was 17 he put in my papers and now, at 20 i recived my interview date from he u.s. embassy in kingston jamaica.

ive been living in then u.s all my life, when in was three i got a b1/b2 ten year visa, and of course i overstayed it wasnt my choice i was a child.

on the 20th of october i came back to jamaica so i can make it for my interview date. allthe lawyers talked to told me ide be barred the ten years.

my question is how will the embassy know that i did not return to the country before my 18th birthday ?

if they ask couldnt i just lie ?

The decisions made in the past were poor. The advice was the same. The understanding of the situation and its impact on your life was bad. Lying would end your misery by resulting in a life time ban. You would then know exactly where you stand and live.

You now have a chance and a choice. Take the advise given here to find a way to come back to the USA legally. Respect the fact that the USA is a country of laws and learn to live within them.

[Krikit 1,163]

Thank you, GlobeHopperMama, for bringing your expertise to the thread. Shenayth, this is the member you want to pay attention to.

Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished!

^^This deserves repeating. It is very frustrating when members wantonly post erroneous information without knowing whether it is true or not. These are people's lives you are playing with. You could, unintentionally, place them at serious risk. Please think twice before you post. Thank you.

[Shiobhan 235]

Thank you, GlobeHopperMama, for bringing your expertise to the thread. Shenayth, this is the member you want to pay attention to.

^^This deserves repeating. It is very frustrating when members wantonly post erroneous information without knowing whether it is true or not. These are people's lives you are playing with. You could, unintentionally, place them at serious risk. Please think twice before you post. Thank you.

I totally agree, and at times ppl have to have a heart when someone is hit with a surprising life changing event, he is

young and scared , lets not be too judgemental but offer good words of courage, OP if you lie it will go against you, your

dad is here you will make it back legally hon. dont do anything stupid, life may be a little different in the coming months

but god will work a way for you , let your dad get a new atty...................have faith and hope.

[Vicomi 31]

Please, VisaJourney members, try to familiarize yourself with the law you're referring to before you tell people legal information. Immigration is a complex area of law, and the fact that this is a DIY site is awesome, but we've got to avoid blatant misinformation, too, or the quality of this site is diminished

:thumbs:

Edited November 4, 2012 by Vicomi

[bobsoni12 0]

Yes I agree never lie to immigration official regardless of your status , honesty always pay in end have trust

[sony2001 7]

When is your interview?Could you please share the experience?Thanks