Desperate Daddy trying to come back to his daughter

[Mario Jr 0]

Hi friends!! My daughter is a USC, she is 6 years old and miss me as much as I miss her. I used to live for 12 long years on US but as an irregular immigrant. Last October 2012, I had to leave the US to come back to my country because my mother had cancer. Finally, after I had spent two weeks by my mother side, she had passed away. I went to the US Consulate to try to get a new visa, because my first visa was already expired. The US consul just denied my petition saying that I overstayed more than the permitted time given by the US immigration. In addition, the US consul had gave me a penalty of 10 years away of the US territory. My daughter lives with her mother and we are very close friends and family. Just like me my daughter cries every time that we speak at the phone, and then she asks me when we’re going to see each other again. I just can’t answer her. I heard about president Obama will apply a new law on next march 4th 2013, just about USC people who has relatives that could apply for permanent visa. It is that true? How could I apply for that kind of situation? It has been 3 months already without my daughter and I feel like I'm dying, I miss her so much. There is anyone who knows what could help. PLEASE A DESPERATE DADDY… THANKS!!

[Hypnos 6,578]

I'm afraid that your daughter cannot sponsor you for a family-based immigrant visa until she turns 21.

You could attempt to obtain a nonimmigrant B-2 visa in order to visit your daughter in the US. You would also need to submit an I-601 waiver, to try and overcome the inadmissibility of having a bar from the US for the previous visa overstay.

This will be difficult to achieve, so you should consult with an immigration attorney experienced in waivers if you wish to pursue this option.

Edited January 11, 2013 by Hypnos

[amykathleen2005 441]

The new waiver does not apply to you as you have left the country.

[apple21 953]

What did you mean by "irregular immigrant"? What kind of visa did you use to enter the US?

Anyway, the new waiver cannot be applied to your case since you are already outside the US. Your daughter cannot file the waiver/petition for you either since she's still a child.

Only option I see is for your daughter to visit you.

[aaron2020 11,651]

"Irregular immigrant?" How about being honest and say illegal immigrant or visa overstay? Why the need to hide the fact that you lived in the US illegally by using a nonsensical term?

You lived illegally in the US for 12 years. You left and now you have a 10 years ban.

You cannot get an immigration benefit through your daughter until she turns 21. This policy is to prevent illegal immigrant parents from benefitting by having US citizen anchor babies.

Is your wife a US citizen? A US citizen wife is the only way for you to come back if she can show that it would be an undue hardship on her if you are not allowed to live in the US.

Good luck. You made a bad choice by choosing to live in the US illegally and then starting a family. The risk is that you would be separated if US immigration caught up with you. And after 12 long years of living illegally in the US, US immigration has caught up to you.

Edited January 11, 2013 by aaron2020

[JohnR! 5,495]

Hi friends!! My daughter is a USC, she is 6 years old and miss me as much as I miss her. I used to live for 12 long years on US but as an irregular immigrant. Last October 2012, I had to leave the US to come back to my country because my mother had cancer. Finally, after I had spent two weeks by my mother side, she had passed away. I went to the US Consulate to try to get a new visa, because my first visa was already expired. The US consul just denied my petition saying that I overstayed more than the permitted time given by the US immigration. In addition, the US consul had gave me a penalty of 10 years away of the US territory. My daughter lives with her mother and we are very close friends and family. Just like me my daughter cries every time that we speak at the phone, and then she asks me when we're going to see each other again. I just can't answer her. I heard about president Obama will apply a new law on next march 4th 2013, just about USC people who has relatives that could apply for permanent visa. It is that true? How could I apply for that kind of situation? It has been 3 months already without my daughter and I feel like I'm dying, I miss her so much. There is anyone who knows what could help. PLEASE A DESPERATE DADDY… THANKS!!

Mario, right now there isn't much you can do.

The 10-year ban is applicable as a result of your overstaying your previous visa - presuming it was a non-immigrant visa, considering the consulate's action.

If you are married to your daughter's mother and provided she is a LPR or US citizen, she could start the process for you to apply for a resident visa, the processing time of which will depend on her status in the US, i.e. LPR or USC.

If you have no other legal ties to the US other than your daughter, she will be able to initiate your immigration papers upon turning 21, provided she stays in the US.

I am sorry to hear about your situation. I can't begin to imagine what it would be like to be away from my kids.

Good luck!

[Noah Lot 391]

Hi friends!! My daughter is a USC, she is 6 years old and miss me as much as I miss her. I used to live for 12 long years on US but as an irregular immigrant. Last October 2012, I had to leave the US to come back to my country because my mother had cancer. Finally, after I had spent two weeks by my mother side, she had passed away. I went to the US Consulate to try to get a new visa, because my first visa was already expired. The US consul just denied my petition saying that I overstayed more than the permitted time given by the US immigration. In addition, the US consul had gave me a penalty of 10 years away of the US territory. My daughter lives with her mother and we are very close friends and family. Just like me my daughter cries every time that we speak at the phone, and then she asks me when we’re going to see each other again. I just can’t answer her. I heard about president Obama will apply a new law on next march 4th 2013, just about USC people who has relatives that could apply for permanent visa. It is that true? How could I apply for that kind of situation? It has been 3 months already without my daughter and I feel like I'm dying, I miss her so much. There is anyone who knows what could help. PLEASE A DESPERATE DADDY… THANKS!!

In other words, you abused the visa privilege given to you, and now believe you are somehow entitled to yet more privileges? Not gonna happen...there is no waiver (I-601 applies to immigrant visas, which your daughter cannot file on your behalf until she reaches the age of 21) and NO VO who has been on the job longer than three minutes will grant you a tourist visa, under any circumstance. There is no such thing as a 'humanitarian' visa....and you clearly abused the tourist visa given to you some time ago...so why would a VO believe that you would suddenly respect our laws now? You created this situation all by yourself, by your unwillingness to adhere to the terms of the privilege once given to you....our VOs won't make the same mistake twice.