Avoiding the 10yr ban

[UKGuyinUSA]

Heres my situation, which is totally tearing me apart, Ive been in the USA for about 23mths Ive been married to a US citizen for 19mths and I have a Daughter who is 20mths old. Ive been filing the paperwork I-130 Application of Status which was approved however due to some bad advice and lack of money Ive only just started filing the I-145 which is where Ive hit a wall. The G-325A, I dont have a sponsor nor does my wife qualify, we've checked and recheck but I dont have anyone who qualifies to be a sponsor. On that basis I cant stay in the US and need to look at returning to the UK BUT I dont want to be slammed with a 10yr ban. My wife and daughter are not in the position to leave the US due to the fact she looks after her father and until such time as he passes on she must remain with him. Ive heard the voluntary deportation would avoid the ban is this right? Basically I just want to be able to visit my wife and daughter for the holidays and for birthdays. Im not in any removal process and have not been in trouble with the law while being here. Please Help

[txh1b]

If you have overstayed, it would result in a ban. You should look at ways to self sponsor based on your and wife's income. Look at the family based GC section.

If you leave, voluntarily, still the 10 yr ban applies.

[UKGuyinUSA]

Oh no...

Is there nothing else I can do, I mean Ive been filing the paperwork as my finances have allowed me, Ive been staying out of trouble and keeping my nose clean. Is is possible to appeal the ban? Is there a waiver that I can apply for to bypass the ban. I dont work as the work permit is part of the I-145 package my wife lives off her fathers pension and government benefit.

Am I totally screwed?

[charmz]

I think you should attempt to find a lawyer and under no circumstances should you leave the country for a holiday or anything while trying to get yourself sorted - you are able to have more than one sponsor if one sponsor cannot cover the amount required, alone. You should look into that.

There are some "loop holes" that arent really loop holes but more "not very well known facts" that state that you will be able to remain in the country and not be penalised for overstaying and/or in some circumstances working while not being legally allowed (this is due to being married and having your child - these rules are very complicated though and differ depending on where you read them, you really need to do some homework).

Every case differs and every case needs to be looked at individually and resolved in the way that really needs to be followed.

Perhaps if you really cannot apply for anything more at the moment you should just sit tight, save some money and go see a solicitor who may or may not be able to give you some good help and advice.

I'm sorry to hear about your rather complicated situation. Hang in there.

[UKGuyinUSA]

OK so heres the current situation. Im actually returning to the UK around the 8th of January.

I know that theres the chance of the 10yr ban BUT can I apply for the waiver of excludability - ‘Unlawful Presence’ due to the fact I could receive the 10yr ban? Would it allow me to travel ban to the US if approved? I would hire an immigration lawyer when in England to deal with the processing of the paperwork, as I'll be able to work and earn the money to pay for one.

I was looking through the requirements that someone would need to be approved and my wife seems to more than qualify based on the fact that she dosnt work, she dont own her home, her father whom she looks after is her sole source of finance except from food stamps each month. If her father passes on she will lose everything as he got a reverse mortgage a couple of years ago therefor he dosnt even own the house they live in.

If approved Ill simply be returning to the USA for holidays and special occasions or in the situation changes in the future that would mean I can find a sponsor then I can look at applying for residency.

Thanks again for the information, I find it very difficult to understand the waiver information.

[charmz]

I think the problem with any waivers, visas, situations and applications is that there are so, so many different situations and applications that can be made that it is often extremely difficult to assess correctly which one would suit your own personal situation. If you have no choice but to return to the UK in January then i suggest you get a lawyer as soon as humanly possibly to show that you are actively trying to resolve the situation but if you could stay there a while longer and attempt to get help there, then i would assume that that would be the better step of the two to take.

A lady i met on a plane on a trip over there a year or two ago was telling me how they wouldn't let her back in the country as she'd overstayed by 2 days!

I'm sure your family, children and situation would accommodate some kind of leniency but again you would have to do a little more gdigging and find that laywer.

I'm considering training to become a lawyer myself seeing as i never seem to be able to find the information i need and feel like i'm learning more than most would just by digging.

Good luck!