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stephen c

Exempt from ESTA What to do now?

By stephen c in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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stephen c Newbie

stephen c   0

Posted
Filed: Timeline
Posted

Ok so I basically overstayed the VISA waiver programme and was given a 10 year ban from the USA and using the Visa waiver programme. Silly of me yes

I am from the UK but I have 3 children ages 6, 8 and 11 that were born and live in the USA. I am currently married to a US citizen but separated and filing for divorce once the time is eligible.

Are there any Visa's that would allow me to travel to the USA to visit my children also what about becoming a permanent resident? I need to be there for my children but am unable to find any information on the procedure. I have tried to seek legal advice from lawyers in London but their fees are extremely high for an initial consultation. I would like to have an idea in my own head on how to go about the process before going speak with a lawyer.

Now my soon to be ex-wife will not offer me any form of help with this so Im going to have to do it solo.

Any advice would be greatly appreciated

Thanks

Stephen

Kinito_2k3 Enthusiast

Kinito_2k3   5

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

:blink:

Ok so I basically overstayed the VISA waiver programme and was given a 10 year ban from the USA and using the Visa waiver programme. Silly of me yes

I am from the UK but I have 3 children ages 6, 8 and 11 that were born and live in the USA. I am currently married to a US citizen but separated and filing for divorce once the time is eligible.

Are there any Visa's that would allow me to travel to the USA to visit my children also what about becoming a permanent resident? I need to be there for my children but am unable to find any information on the procedure. I have tried to seek legal advice from lawyers in London but their fees are extremely high for an initial consultation. I would like to have an idea in my own head on how to go about the process before going speak with a lawyer.

Now my soon to be ex-wife will not offer me any form of help with this so Im going to have to do it solo.

Any advice would be greatly appreciated

Thanks

Stephen

What is it that you don't understand in "10 years ban"? English is your native language too right? :wacko:

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

If you have a 10 year ban, you cannot apply for a tourist visa without first getting that ban waived. The other option that I think you have is to have one of your children petition for you, as they are US citizens - but they cannot do that until they are 21 years old. So, in your case, that wouldn't be until 10 years from now, when your youngest child turns 21.

I don't know what the chances are of getting your ban waived - I'm sure there are people here who have information on this. How long did you overstay? Have you been living in the US since your children were born, and all that time as a VWP overstay? Or were you at one point or another under a legal status?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Unfortunately you have a 10 year ban. There is nothing you can do short of marrying a USC and filing for a Cr-1 visa, and then filing a waiver to overcome the ban... or the child option when they're old enough.

Otherwise your only choice is to have THEM come to YOU. Did you get them UK passports?

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

You have a 10-year bar. It will take an I-601 waiver to overcome it. That's the good news.

The bad news is that you have no basis to apply for a waiver.

But it gets worse. You will never be able to obtain any non-immigrant visa to the US for as long as you live. Even once the bar has been served, the US Embassy will consider you a persona non grata and an immigration risk. End of story.

The only way for you to travel to the US again is if an immediate relative of yours will petition for you for an immigrant visa. In such case the "immigrant risk" becomes irrelevant. Since you are divorcing your wife, your only hope is your 11 year-old, if she desires to help you and makes enough money for the Affidavit of Support once she's 21 years old.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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