Please help me.. really desperate.

[sly0502 6]

Hi. I just registered for this website so I can get some help.

I'm very desperate right now and I've been dealing with a lot of stress about this for past years.

Here is my situation:

I came to the United States from South Korea with my family LEGALLY. I was 12 back then and I just turned 19 a few days ago.

We then changed our visa from something (I don't remember specifically, but it was a travel visa) to E2 (my parents owned a restaurant).

We lived in the United Stated LEGALLY for about 5 years until our visa was denied about 2 years ago because my dad filed it without hiring lawyer and there seemed to have a mistake.

My dad kept applying for the Visa but we were kept denied. I honestly don't know the reasons why.

I heard that once the visa gets denied it's hard to appeal and get the visa.

We currently own a house and pay property taxes and we had a restaurant that we sold about 4 months ago. We were as legal as one could possibly be.

We never committed any crimes and I had 4.0 GPA but this is useless now because I won't be able to attend college here in the U.S.

Anyhow, I am going back to Korea next month in order to finish my education since I can't attend college here without visa.

My parents are stil staying in the US though...

The problem is, my goal in my life is to work for international organization and without the visa to the U.S for 10 years, I can't achieve this goal.

My sister is a greencard holder; she married an American guy about a year ago.

But I heard it takes a long time to give sister visa status so I decided to go for the waiver I-601.

Am I elligible for I-601?

Can I apply for I-601 as soon as I go to Korea?

How long is this process?

Lastly, would my "illegal" parents have to go back to Korea as well for me to apply for I-601?

If I go to Korea next month, I won't be able to see my parents for 4 years.. because they can't get out of the country and I can't get into the U.S.

I really don't wish to go through that..

Please help me.

Thank you.

[sly0502 6]

Ahh I just read that my US.Citizen parents need to suffer extreme hardship if I don't get admitted into the US.

But my parents are illegal so I guess I-601 doesn't apply to me?

How about I-212? does anyone know about this???

Hi. I just registered for this website so I can get some help.

I'm very desperate right now and I've been dealing with a lot of stress about this for past years.

Here is my situation:

I came to the United States from South Korea with my family LEGALLY. I was 12 back then and I just turned 19 a few days ago.

We then changed our visa from something (I don't remember specifically, but it was a travel visa) to E2 (my parents owned a restaurant).

We lived in the United Stated LEGALLY for about 5 years until our visa was denied about 2 years ago because my dad filed it without hiring lawyer and there seemed to have a mistake.

My dad kept applying for the Visa but we were kept denied. I honestly don't know the reasons why.

I heard that once the visa gets denied it's hard to appeal and get the visa.

We currently own a house and pay property taxes and we had a restaurant that we sold about 4 months ago. We were as legal as one could possibly be.

We never committed any crimes and I had 4.0 GPA but this is useless now because I won't be able to attend college here in the U.S.

Anyhow, I am going back to Korea next month in order to finish my education since I can't attend college here without visa.

My parents are stil staying in the US though...

The problem is, my goal in my life is to work for international organization and without the visa to the U.S for 10 years, I can't achieve this goal.

My sister is a greencard holder; she married an American guy about a year ago.

But I heard it takes a long time to give sister visa status so I decided to go for the waiver I-601.

Am I elligible for I-601?

Can I apply for I-601 as soon as I go to Korea?

How long is this process?

Lastly, would my "illegal" parents have to go back to Korea as well for me to apply for I-601?

If I go to Korea next month, I won't be able to see my parents for 4 years.. because they can't get out of the country and I can't get into the U.S.

I really don't wish to go through that..

Please help me.

Thank you.

[Harpa Timsah 13,258]

A GC holder cannot petition a sister. A Citizen can, when your sister gets there, and it takes 10 years or so. On what basis do you plan to file for a waiver? That only goes together with an immigrant petition.

[sly0502 6]

Then could I apply for I-212?

I don't really get what they mean by deported.

They sent us letter that we need to go back to our country since our visa was denied. Does that mean I was deported although I wasn't prisoned or physically forced to leave

Also, is it possible for me to apply for it right after I go back to South Korea?

I just turned 19 and I could provide them with the facts that I had to graduate highschool here in America and I was too young to make any decisions (since I wasn't 18).

And as soon as I graduated highschool (I will be graduating this June), I went back to Korea.

Also, I could tell them I lived here legally for 5 years until the visa was denied.

A GC holder cannot petition a sister. A Citizen can, when your sister gets there, and it takes 10 years or so. On what basis do you plan to file for a waiver? That only goes together with an immigrant petition.

[Boiler 45,525]

So you currently have a 3 year ban.

I 601 is for Immigrant Visa's, so not seemingly applicable in your case.

Why can your Parents not leave the US.

The obvious solution is the route your sister took.

They would know why their status was not renewed.

If he applied for a Visa he would have been in Korea. My assumption is that he did not qualify.

[Boiler 45,525]

I 212 is also for Immigrant Visa's.

[sly0502 6]

I don't get what you mean.

My dad had to renew E2 visa and he did them succesfully couple of times except 2 years ago when he was denied to renew it.

I think it was denied because my dad filed something wrong because he did it without the help of lawyer.

and I think I have a 10 year ban since I was illegal here for more than one year.

Also, what do you mean the "immigrant visa"?

I heard if I was not allowed to come to the U.S because of the ban I could apply for I-212?

I want a visa so that I can work in the US later on when I graduate from college in South Korea.

But with the ban, I can't come into the US and that's why I want to apply for waiver.

So you currently have a 3 year ban.

I 601 is for Immigrant Visa's, so not seemingly applicable in your case.

Why can your Parents not leave the US.

The obvious solution is the route your sister took.

They would know why their status was not renewed.

If he applied for a Visa he would have been in Korea. My assumption is that he did not qualify.

[Penguin_ie 5,993]

What they mean is that you cannot apply for a waiver by itself, or for any visa.

A waiver must be applied for by the petitioner, who must be a close relative. Ie if someone wants to hire you, they cannot apply for a waiver for you.

[sly0502 6]

So I, myself, cannot be the petitioner?

Then.. what's the solution? I honestly don't have any knowledge in visa or any of this process.

So I cannot apply for waiver, I-212, myself?

I know I can't apply for I-601 because I don't have parents or spouce who have citizenship in the U.S.

How about I-212?

What they mean is that you cannot apply for a waiver by itself, or for any visa.

A waiver must be applied for by the petitioner, who must be a close relative. Ie if someone wants to hire you, they cannot apply for a waiver for you.

[Boiler 45,525]

I was wrong, yes you have a 10 year ban. You get a pass until you are 18 for the reasons you mentioned.

If your Father had applied to renew his Visa then he would have done so outside the US, but you said he was here? So how did he get here.

If you want to apply to visit you would apply for a non immigrant visa, theoretically there is a waiver available but I doubt they would give you one any time soon. No harm in applying and seeing.

Having Parents illegally in the US obviously makes it much less likely you would be granted a visa and waiver to see them. You did not say why they could not leave?

Edited May 19, 2012 by Boiler

[sly0502 6]

He renewed Visa here in America because he owned a restaurant here (E2(business) visa). And that's how we renewed Visa before as well.

We never left America..

Is getting non immigrant visa somewhat easier than getting immigrant visa?

Also, how long would it take for me to get non immigrant visa?

What do you mean by they won't give me the vis any time soon? Do I have to wait a little while after I go back to Korea to apply for it?

And could you tell me what kind is non immigrant visa waiver? (like the form... I-601 or whatever..)

I was wrong, yes you have a 10 year ban. You get a pass until you are 18 for the reasons you mentioned.

If your Father had applied to renew his Visa then he would have done so outside the US, but you said he was here? So how did he get here.

If you want to apply to visit you would apply for a non immigrant visa, theoretically there is a waiver available but I doubt they would give you one any time soon. No harm in applying and seeing.

Having Parents illegally in the US obviously makes it much less likely you would be granted a visa and waiver to see them. You did not say why the could not leave?

[sly0502 6]

So I guess what I'm trying to ask is..

after being in America illegally for more than one year, is it possible to get nonimmigrant visa to come to the US for business purposes?

(I'm asking this because most of Korean companys require people to not have any problem going to other countries)

If not, what forms/process do I need to go through? What are the requirements?

He renewed Visa here in America because he owned a restaurant here (E2(business) visa). And that's how we renewed Visa before as well.

We never left America..

Is getting non immigrant visa somewhat easier than getting immigrant visa?

Also, how long would it take for me to get non immigrant visa?

What do you mean by they won't give me the vis any time soon? Do I have to wait a little while after I go back to Korea to apply for it?

And could you tell me what kind is non immigrant visa waiver? (like the form... I-601 or whatever..)

[Boiler 45,525]

He renewed Visa here in America because he owned a restaurant here (E2(business) visa). And that's how we renewed Visa before as well.

We never left America..

As I said before no he did not, he probably applied to extend his status. Visa's are not issued in the US.

Is getting non immigrant visa somewhat easier than getting immigrant visa?

Generally yes, especially for somebody who has no obvious route apart from potentially a Sister, which would take 15 years give or take.

Also, how long would it take for me to get non immigrant visa?

No idea, nor would anybody else, could be on first application or never.

What do you mean by they won't give me the vis any time soon?

You have a ban, no ties to Korea and Parents Out of Status in the US. Not an obvious candidate?

Do I have to wait a little while after I go back to Korea to apply for it?

No

And could you tell me what kind is non immigrant visa waiver? (like the form... I-601 or whatever..)

In this case a B2 Visitor Visa.

So I guess what I'm trying to ask is..

after being in America illegally for more than one year, is it possible to get nonimmigrant visa to come to the US for business purposes?

(I'm asking this because most of Korean companys require people to not have any problem going to other countries)

If not, what forms/process do I need to go through? What are the requirements?

B1 Visitor Visa

Same Issue

Usually B's are issued as B1/2.

[sly0502 6]

Yeah, I meant he tried to extend the status but it was denied.

So as long as I am hired by a company, it's possible for me to apply for B2..right?

How about if I want to come to the US to pursue the graduate program after I am done with undergraduate in Korea?

Or how about internship in the U.S?

Then I have to apply different form but not the immigration visa one right?

Thank you so much by the way!

As I said before no he did not, he probably applied to extend his status. Visa's are not issued in the US.

Generally yes, especially for somebody who has no obvious route apart from potentially a Sister, which would take 15 years give or take.

No idea, nor would anybody else, could be on first application or never.

You have a ban, no ties to Korea and Parents Out of Status in the US. Not an obvious candidate?

No

In this case a B2 Visitor Visa.

B1 Visitor Visa

Same Issue

Usually B's are issued as B1/2.

[Penguin_ie 5,993]

It is extremely unlikely that you will be approved for a non-immigrant visa waiver anytime soon. But, yes, you can always apply if you have the funds to do so. All they can say is no.