Subject: overstaying student visa
Date: Sun, 18 Nov 2007 23:44:14 +0100
I entered the united states legally in 1996 with a student visa.
In 2000 his visa expired, but I decided to overstay my visa for 5 years.
During his time in the U.S., I worked illegally,paid taxes and didnt commit any crimes (other than overstaying visa of course).
After 9/11 occurred, the government made an announcement saying that all people born in iran, syria, iraq etc....(I was born in iran, but I'm a swedish citizen) should come forward to register themselves.(NSEERS registration) I didnt go due to the fact that everyone responding to this, was being deported or detained (naturally he was scared).
We met in 2005, moved to Sweden and got married in 2006.
Now we have a beautiful child and we are trying to move back to the states.
We went to the U.S. embassy and reported our daughter's birth (since my wife is a american citizen) and at the same time tried to apply for I-130. we got denied and I now banned for 10 years (8 year now since 2 have past since I left the states).
what are our options? I know that we can fill out the I-601 waiver, but will that really help? how much of a chance do we have? the people at the embassy told us that our chances were as low as 20%
here is what I found:
"...You should show your evidence of the I-94 where it says D/S to an attorney. The point with this is that if you have D/S on entry, the overstay only begins when the DHS or IJ declares one to be out of status. It does not start when you stop school, or etc. Since I left before anyone declared me to be out of status, there should be no overstay. Now the problem is proving that to the embassy.
I am sure the DOS officer at the embassy just said, well if you are saying you overstayed, no sense in me contradicting you. One more person I can deny.
I was told that because I wasn't found inadmissible by a judge, it wasn't necessary for me to file a waiver at all. is this true?