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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Overstayed in the U.S.A. While Waiting for My Mother's Petition for I-130

    hello
    First of all thank you for taking your time to look into my issue.
    I'm 27 and i live in a dutch country.

    I use to visit my mother who is a now a United States Citizen many times and she wanted me to be a resident as well so i can pursue my dream career.
    2 years ago I visited my mother again so she can file a petition for me to be a U.S. Citizen. A paralegal helped us with the process and then after a while we receive a letter from the USCIS that they got our petition and it is in process. Me and my mother decided to wait in the states hoping that we would get approved in a couple of months. Of course i overstayed my visa waiver program for a year. My father who lived in my country became terribly ill, he had cancer and i was worried sick, me and my mother decided for me to go see him since I'm his only son. My father passed away afterwards and after the funeral I came back to the states ( yes i know i was clueless ) . At the customs border I answered all the questions truthfully and the officer told me i overstayed and I have to be sent back. I showed them all the documents I have proving that my mother was filing for me for an I-130, the officer was surprised that she didn't follow trough and i told him that she kept calling every month but it was still in process he also said i could have stayed in the states (which was a surprising comment now i think about it). The officer was really nice to me and said he will make sure to drop all charges and not to ban me, but i have to go back and return with a visa. I asked 2 officers and one supervisor and they told me the same thing even to my mother on the phone, I just have to go back and get a visa or wait for the petition to be approved.
    So here is my question. My mother called USCIS again and they said that (supposedly) this year in a couple of months (October i guess) my paper would be processed. I didn't get a 3 or 10 year bar and i have been told to just go back and get a visa I can return to the U.S. with that. also i never worked or went to school in the U.S. i just helped my mother.And I don't have any criminal charges.
    So, should i head to the embassy and get a visitors visa or should i wait for my papers to be approved and come back with my I-130 visa?

    Im not that knowledgeable about immigration laws and types of visa (which was a big mistake) but i would appreciate any info i get.
    Thank you again for reading my long story.

    - - - Updated - - -

    Please help, I want to know what can i do , if nothing is possible i would like to know so i can plan my future elsewhere :/

  2. #2
    Join Date
    Jan 2007
    Posts
    938

    Default Re: Overstayed in the U.S.A. While Waiting for My Mother's Petition for I-130

    Your first mistake was using a paralegal and not a qualified US immigration attorney. Your mother should now contact an attorney who is a member of the AILA organization. Do not attempt to enter the US again until your history has been reviewed by the attorney and he/she has advised you of what needs to be done.

    By researching the AILA website, you may be able to find an attorney with offices in the US and your home country. With immigration law, the attorney does not need to be located in your mother's city and state.

    One of the requirements for a visitors visa is that you not have immigration intent. The fact that your mother has filed for you makes it extremely difficult - if not impossible in most cases - for someone in your situation to obtain a tourist visa. You may check the waiting time by looking at the US Department of State's Visa Bulletin based on your country of birth.

    Please tell your mother to use ONLY a licensed ATTORNEY specializing in immigration law for assistance on this in the future.

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