Should I turn myself in and abandon the case?

[Maria1971]

Hi I first came into this country when I was 12 years of age (1986) on a tourist visa and overstayed my visa by 4 years leavin the USA in (1990) when i went back to Brazil.

I re-entered the USA with a new 2nd Tourist Visa in 1992 when I was 18 years of age and have never left the USA since.

My mother became legal in the US through a work related visa that was started at the labor department after I was already 22 years of age so when she got her Green Card only my younger brothers were get green cards.

When I was 24 I met a Brazilian lady at church who had also come to this country on a Tourist Visa and married her and today we have two american kids a girl 16 and a boy 13.

In 2005 my mother became an american citizen and she started a Family Base petition for me F3 Married son category. I waited from 2005 until last year 2018 when they finally said my priority date had come through. I received a letter to go have my picture and fingerprints done.
My attorney said that because I had overstayed my Visa that he would file a I-601 Waiver for Unlawful presence and justify it since my Father and Mother's health condition are poor.

Last month I received a letter saying that the Waiver for Unlawful presence had been approved and I would now have to to gather all of the documents and submit them to NVC so they could schedule an appointment for me at the Brazilian consulate in Brazil where I would have to go and do an interview.

** So when I went to bring all of my documents to the attorney he said that on the form that he is sending to NVC he has to list all of my entries in the USA and the length of stay and he said that when I go to my interview they can say that there was fraud in my case since I obtained a second Visa after overstaying the first time. He said that on the application for the 2nd Visa someone must have put that I stayed less than 6x months and that's why they gave me a 2nd Visa, so he said because of that they could say there was fraud and deny me the visa which the Attorney said he would then have to file another waiver for Inadmissibility of representation but that would cause me to be stuck in Brazil for about 2 years until the waiver is approved.

I feel so frustrated thinking about if I had to stay away form my wife and kids for 2 years.

I have two beautiful kids my daughter who had a life scaring situation a year and a half ago when they found a tummor in her chest but thank God and those amazing doctors they took it out but she still needs to be monitored every six months. My son is a great kid an 8th grader, who is ranked top 10 nationally in a sport and has been offered a full schollarship to a amazing private high school and I can't figure out what to do.

My attorney said that the other option is to turn myself into Immigration and ask to be put in deportation and he said that it could take years and my hearing would come upo he would then try to prove a harship on the kids and my mom and dad, but he also said that if my kids are over 21 I it would be a problem and I could be dienied.

I've never committed any crimes, always paid my taxes and never used a single benefit from the goverment here and I see no path to becoming legal here.

I took my kids out to lunch today and I asked if they would be ok If I stayed in brazil for two years and they both teared up and said no that they needed me.

I'm starting to think turning myself in my be the best option.

If anyone can think of any other options please let me know, I just don't know what to do anymore.

Thank you very much!

[newacct]

Well, if you wait 5 years until your US citizen daughter turns 21, she can petition you and you can do Adjustment of Status (AOS) inside the US, instead of leaving the US to do consular processing abroad. And then if it turns out that you have a ban for fraud or material representation, you would apply for a waiver as part of the process of AOS inside the US. But 5 years is a long time to wait and continue to be out of status, so this would be like a last resort plan. But I think this is still better than intentionally getting put into removal proceedings to try for Cancellation of Removal. If you are unlucky enough to be put into removal proceedings before you get to file AOS, you can then try for Cancellation of Removal. (Also if AOS is denied and you are put into removal proceedings, you can also try for Cancellation of Removal, as well as challenge the denial of AOS if you think it is wrong.)

Are you sure your mother's labor certification was filed after you turned 21? It's possible that you were over 21 at the time your mom got permanent residency and thus could not immigrate as her derivative beneficiary, but if her labor certification was filed before you turned 21, it would still have grandfathered you under 245(i).

[Maria1971]

Yes, I'm sure about the labor dates, I've been so desperate that I probably checked at least a dozen times. I honestly don't know what is the best option to do but I want to thank you very much for taking the time to read my case and try to help. Really appreciate it. Thank you!