Please Help My Daughter!

[ReplayAsap 0]

My daughter met a man who is an American citizen.. went to America to visit him.. Anyway, they fell head of heels in love and she didn't want to return home.

However, they did not marry.. She fooishly stayed in America longer than she was allowed to.

Anyway, they had a child together, too. Their child is an American citizen.

Sadly there relationship became very strained and my daughter returned with their child to England. Her child has a British passport..

The thing is, my daughter and her ex are now wishing to get back together. He is unable to leave America due to his parole.

I don't think there is a chance she can return to the USA, is there?

Like I said, she stayed there way over her Visa time.. when she returned the aiport staff asked for her Waiver, and she said she had lost it. Nothing else was said.

Could she return to the USA? With her child, too?! She is ever so depressed about having her family apart.

She understands that by her staying longer than she should has ruined any possible chances of her return.

Can someone please help her, us!?

Any information will be gratefully appreciated.

Edited September 14, 2009 by ReplayAsap

[ReplayAsap 0]

I meant to put she was on a Vistors Waiver. She extended her 90 days.

[Chica Yeyé 41]

Not unless one of these apply:

1. Her fiance - can sponsor her through a K-1 visa.

2. she has a highly skilled profession.

3. she wins the diversity visa lottery.

Otherwise, nope.

[Justine+David 218]

What is the nature of her boyfriend's crime? It's pretty hard to get waivers if it was a violent crime, from what I've read.

Edited September 14, 2009 by Justine+David

[ReplayAsap 0]

Not unless one of these apply:

1. Her fiance - can sponsor her through a K-1 visa.

2. she has a highly skilled profession.

3. she wins the diversity visa lottery.

Otherwise, nope.

Can he sponsor her being a person on parole and with a felony?

[paulinespens 3]

Not unless one of these apply:

1. Her fiance - can sponsor her through a K-1 visa.

2. she has a highly skilled profession.

3. she wins the diversity visa lottery.

Otherwise, nope.

I don't think your giving good advice at all.

[ReplayAsap 0]

What is the nature of her boyfriend's crime? It's pretty hard to get waivers if it was a violent crime, from what I've read.

Sadly it was a voilent crime. Something that he was convicted of a long time ago.

I assume the time of the crime doesn't matter?!

[Justine+David 218]

How long did she overstay her visa?

[ReplayAsap 0]

How long did she overstay her visa?

Oh boy. A little over a year.. They had a child together.. So she didn't wish to leave him and seperate their family.

Edited September 14, 2009 by ReplayAsap

[Chica Yeyé 41]

Not unless one of these apply:

1. Her fiance - can sponsor her through a K-1 visa.

2. she has a highly skilled profession.

3. she wins the diversity visa lottery.

Otherwise, nope.

I don't think your giving good advice at all.

Really? I don't think you have a clue what your are talking about - oh, wait, you didn't ad squat to the discussion.

The US fiance can petition for her as long as his record does not include crimes against children and/or violence against women (see Adam Walsh Act, and also VAWA). Waivers for ineligibility are for the beneficiary, not the petitioner.

[Chica Yeyé 41]

The visa overstay will present more of an issue. Her overstay of 1.5 years will trigger a 10 year bar (since she left the US). This means she can apply but will be denied, and then can apply for an overstay waiver.

[paulinespens 3]

How long did she overstay her visa?

Oh boy. A little over a year.. They had a child together.. So she didn't wish to leave him and seperate their family.

A UK citizen cannot be part of the greencard lottery

K1 visa maybe denied

What good is having a highly skilled proffession going to do?

Theres a baby involved which makes matters worse.

[Chica Yeyé 41]

How long did she overstay her visa?

Oh boy. A little over a year.. They had a child together.. So she didn't wish to leave him and seperate their family.

A UK citizen cannot be part of the greencard lottery

K1 visa maybe denied

What good is having a highly skilled proffession going to do?

Theres a baby involved which makes matters worse.

A highly skilled profession might allow her to immigrate independently.

The K-1 visa will be denied due to overstay indeed; but a waiver is possible.

The baby is already a USC, so he/she has no bearing whatsoever in the process. Having a child together is not proof of bonafide relationship.

The best thing for the OP to do is to advise daughter and fiance to obtain legal counsel.

[Brother Hesekiel 2,236]

Forgive me, but for me the timeline is still very vague. For example, I don't know if this happened 2 months or 8 years ago.

That said, I'm not sure USCIS is aware of your daughter's overstay as she did NOT turn in her expired I-94.

She therefore could apply for a B1, plain and simple. If that goes through and she visits the father of her daughter and afterward feels she still would like to move to the US, she can return to the UK and he can file the appropriate paperwork for her from the US.

There's nothing to lose for her by trying . . .

[Boiler 45,757]

A UKC may be eligible for the lottery.

B1 visa is for business purposes.

The million dollar question is do they want to get married?