AOS Pending, need to return.

[juanmanuelnegron 0]

I need help:

I'm 18 years old. Even since I was a kid I've always traveled to the US with a VWP (grandmother is from Italy), every year, for less than 90 days. My father is a US Citizen and this year, he filed I-130 and I-485 for me to live with him. Now I received a letter on August 2nd, saying that I shall not need an interview for my GC, but that my case will be delayed for about 6 months because the National Benefits Center is handling other cases. I already have work permit/ssn/drivers licence. Now it results that there is another issue: We are from Ecuador, my father lives here in the US though, I finished high school and moved with him here but he recieved a job offer in Ecuador which he is willing to take and he will move back, and I don't have nowhere to stay; no familiars who can help out. My father can't leave me here since I don't have a job nor financial support to pay what it is needed, since he is the one who provides it. So he will have to move back to Ecuador. And I changed my mind and rather stay in Ecuador too. So I would have to return to Ecuador with him. I arrived on April5th. Paperwork was filed April 20th. Took the biometrics a month later. (It was during my lawful presence). The 90 days expired in July 4th. Im almost 120 days here in the US waiting for my GC while AOS. But this means that I will lose the ability to enter the US with a Visa Waiver should I go back now. What can I do in order to prove my situation to avoid getting an overstay visa voidance in the future?

PLEASE HELP!!!!!!

[Pitaya 2,577]

~~Moved from Family-based AOS Process to Work, Student, Tourist-based AOS Process forum~~

~Inquirer not adjusting from K-1/K-3 (Family-Based) Visa~

[Harpa Timsah 13,258]

I need help:

I'm 18 years old. Even since I was a kid I've always traveled to the US with a VWP (grandmother is from Italy), every year, for less than 90 days. My father is a US Citizen and this year, he filed I-130 and I-485 for me to live with him. Now I received a letter on August 2nd, saying that I shall not need an interview for my GC, but that my case will be delayed for about 6 months because the National Benefits Center is handling other cases. I already have work permit/ssn/drivers licence. Now it results that there is another issue: We are from Ecuador, my father lives here in the US though, I finished high school and moved with him here but he recieved a job offer in Ecuador which he is willing to take and he will move back, and I don't have nowhere to stay; no familiars who can help out. My father can't leave me here since I don't have a job nor financial support to pay what it is needed, since he is the one who provides it. So he will have to move back to Ecuador. And I changed my mind and rather stay in Ecuador too. So I would have to return to Ecuador with him. I arrived on April5th. Paperwork was filed April 20th. Took the biometrics a month later. (It was during my lawful presence). The 90 days expired in July 4th. Im almost 120 days here in the US waiting for my GC while AOS. But this means that I will lose the ability to enter the US with a Visa Waiver should I go back now. What can I do in order to prove my situation to avoid getting an overstay visa voidance in the future?

PLEASE HELP!!!!!!

All you can do is withdraw the application and apply for a B2. Since you technically didn't overstay, you could try and renew your ESTA, but you are not supposed to immigrate on the VWP, which is what you did, and that by itself may make you ineligible to use it again. But you'll just have to try it and see. If ESTA is denied, then you can get a B2. That's all there is.

[Darnell 8,478]

There's no one you can stay with, in the USA? No One?

If your father has a house, even with a mortgage,

I smell a great 'rent-a-room' cash flow for you two.

Edited August 12, 2013 by Darnell

[Harpa Timsah 13,258]

Immigration is for family reunification, so if the father is not living here, he can't be a sponsor, and the need for reunification in the US doesn't exist.

[Darnell 8,478]

ah - Harpah - that's right - I totally forgot about location of the sponsor.

duh.

[juanmanuelnegron 0]

All you can do is withdraw the application and apply for a B2. Since you technically didn't overstay, you could try and renew your ESTA, but you are not supposed to immigrate on the VWP, which is what you did, and that by itself may make you ineligible to use it again. But you'll just have to try it and see. If ESTA is denied, then you can get a B2. That's all there is.

Harpa, that seems like the nice thing to do, but I believe it is more complex. That is what I should do -in a nutshell- but I've read that withdrawing may cause trouble and most of the times the USCIS doesn't check for withdrawals that much and then I should call and verify if they have accepted my withdrawal (of course that is up to me and my father to verify and all). And I'm in a race against time here, since I'm around 120 days here, If I exceed 180 days I get the 3 year ban and that's a no-no. And then, it depends on how Immigration sees the term "technically", besides if I get my VWP voided, it'll be much more difficult to appply for a B2, but no guts no glory. I appreciate your opinions since I'm taking all of them into account to my decision, and I'm also planning to speak to a lawyer who can help me with this.

There's no one you can stay with, in the USA? No One?

If your father has a house, even with a mortgage,

I smell a great 'rent-a-room' cash flow for you two.

Darnell, just for the info, we are currently living in an apartment which is for elderly people (He is 62). And he's renting it.

Edited August 12, 2013 by juanmanuelnegron

[juanmanuelnegron 0]

One more thing

Could I prove extreme hardship in my case? Would that be possible so I can get "forgiveness" as they call it. And to understand that term better, what exactly is forgiveness?

If so, how can I do it? Should I write a letter? To whom do I send it to?

SIDE-QUESTION: As much as getting my VWP voided that will affect my chances of getting the B2 visa, will that (the fact of having my visa voided) also risk my chances of getting a student visa or a work visa in the future?

THANKS A LOT!!!!!!

[Harpa Timsah 13,258]

You seem to misunderstand something. Once you sent in your package, you began a NEW period of authorized stay.

There is no hardship, there is no forgiveness. VWP rules are very strict, and probably by using it to immigrate you can't use it any more. But I am not sure on that (see if your ESTA goes through again) and you shouldn't be worrying about bans at all.

Edited August 12, 2013 by Harpa Timsah

[juanmanuelnegron 0]

Well thanks for the info Harpa, and sorry for any misunderstanding. It is just my concern about my statuses.

But then how long will this new period of authorized stay be?

[Harpa Timsah 13,258]

Your new period of stay is the whole time your AOS is pending. End the AOS, the stay ends. You could also just leave and the AOS will be cancelled for abandonment if you don't have AP.

[bigdog 376]

Maybe contact an immigration attorney as well.

[Boiler 45,638]

Once you have any overstay you can no longer use the VWP. So if you do not adjust you would need a B2.

If you adjust, surrendered your GC then you should still be able to use the VWP.

[Harpa Timsah 13,258]

Once you have any overstay you can no longer use the VWP. So if you do not adjust you would need a B2.

If you adjust, surrendered your GC then you should still be able to use the VWP.

He already filed AOS and now wants to cancel and leave. What happens with the VWP in that case?

[Boiler 45,638]

He said the 90 days expired on 4th July.