Will i Be Barred ??? HELP !!

[shenayth 0]

PLEASE READ MY STORY !!!! ...HELPP!!! ....

im 20 years old, my father is a u.s permenant resident.

when i was 17 he put in my papers and now, at 20 i recived my interview date from he u.s. embassy in kingston jamaica.

ive been living in then u.s all my life, when in was three i got a b1/b2 ten year visa, and of course i overstayed it wasnt my choice i was a child.

on the 20th of october i came back to jamaica so i can make it for my interview date. allthe lawyers talked to told me ide be barred the ten years.

my question is how will the embassy know that i did not return to the country before my 18th birthday ?

if they ask couldnt i just lie ?

[canadian_wife 1,829]

No you can't lie, they know

Did you attend school while in the US? Drive a car? Have a job? Have a bank account? Just because you were 'caught' doesn't mean they dont' know

Good luck

Edited November 3, 2012 by canadian_wife

[Sirdaniel42 86]

If you came by plane they know because they can check with the airlines, lying during your interview is never a good idea THEY WILL FIND OUT!!!!

[shenayth 0]

No you can't lie, they know

Did you attend school while in the US? Drive a car? Have a job? Just because you were 'caught' doesn't mean they dont' know

Good luck

thank yu for replying

i went to school up until i was 18. didnt have a job. didnt drive a car. so how would they know ?

and will i be barred

If you came by plane they know because they can check with the airlines, lying during your interview is never a good idea THEY WILL FIND OUT!!!!

ok thank yu

[canadian_wife 1,829]

If you went to school you are in a computer. You are in a state database as attending school. Federal funding is allocated based on student population.

They know. A very simple search of your name will return your location and school records.

Don't lie

Good luck

[ceadsearc 516]

They can check. But even if they couldn't, the burden of proof is on you. You'd have to prove you did leave.

Any chance your father can naturalize before you turn 21?

[jaycali 415]

PLEASE READ MY STORY !!!! ...HELPP!!! ....im 20 years old, my father is a u.s permenant resident. when i was 17 he put in my papers and now, at 20 i recived my interview date from he u.s. embassy in kingston jamaica. ive been living in then u.s all my life, when in was three i got a b1/b2 ten year visa, and of course i overstayed it wasnt my choice i was a child. on the 20th of october i came back to jamaica so i can make it for my interview date. allthe lawyers talked to told me ide be barred the ten years.my question is how will the embassy know that i did not return to the country before my 18th birthday ?if they ask couldnt i just lie ?

Staying unlawfully after turning 18 = 3/10 year bar.

Lying to an immigration official = Lifetime bar.

Your choice really. How long has your dad been a permanent resident? If he can naturalize before you're 21 there's a bar waiver available for minor children of US citizens. This waiver is way easier to get for an overstay than for willful material misrepresentation.

[cayjam 3]

This is the U.S Government,which means "High Technology" with the F.B.I, C.I.A and they conduct a FULL investigation on you. Computers talk, and dont make a worse for yourself and tell a lie under oath. That's grounds for immediate dismissal and possible jail time.

[Hypnos 6,578]

As stated, the onus is on you to prove that you did leave, rather than the authorities to say that you didn't.

Since you have now left the US you have incurred a 10-year ban and your immigrant visa application will be denied for your illegal presence from the time you turned 18. Whether the father can naturalise now makes no difference, since this overstay would only be forgiven for an in-country AoS and you have already returned to Jamaica.

After your immigrant visa is denied you can perhaps try to overcome this inadmissibility by filing an I-601 waiver with the embassy, but you would need to show that it would be a hardship for your LPR father if you were not admitted to the US, not to you.

You might wish to consult with a lawyer who specialises in I-601 waivers to see the best way of going about this.

Edited November 3, 2012 by Hypnos

[aleful 1,905]

PLEASE READ MY STORY !!!! ...HELPP!!! ....

im 20 years old, my father is a u.s permenant resident.

when i was 17 he put in my papers and now, at 20 i recived my interview date from he u.s. embassy in kingston jamaica.

ive been living in then u.s all my life, when in was three i got a b1/b2 ten year visa, and of course i overstayed it wasnt my choice i was a child.

on the 20th of october i came back to jamaica so i can make it for my interview date. allthe lawyers talked to told me ide be barred the ten years.

my question is how will the embassy know that i did not return to the country before my 18th birthday ?

if they ask couldnt i just lie ?

didn't the lawyers tell you there is a waiver to overcome the ban? you will have to file a waiver and your father will have to send in a hardship letter.

do not lie because they will know that you lived in the US, you cannot prove that you lived and went to school in your country.

[RICARDO4EVA2 194]

youth man don't lie... the barring could have been prevent leaving the USA within 6 months after turning 18 - u had a choice.. or the opportunity to correct.. There is likely a bar placed against u - yes.

[Darnell 8,479]

I would ask Dad for about 20,000 usd, so that you can invest in a business in Jamaica.

You've got some immigration issues staring you in the face - it's best you not try to obtain a visa for about 10 years.

Running a business in Jamaica will help you, to pass the time.

I wish there were other news for you, alas.

[rade2rising 205]

well if you tell the truth you are going to be banned possibly 10 yrs so I do see your point about not saying anything and taking a chance. If they find out that way yea you going to be on lifetime ban so decide if you can wait it out about 10yrs then come to USA by then you may not want to come?? who knows. Or just go all in and hope for the best which is very foolish indeed but its your decision.

[LIFE'SJOURNEY 970]

Why didn't you stay in the US and tried under the "USCIS Begins Accepting Requests for Consideration of Deferred Action for Childhood Arrivals" this startes in August 2012, and you said you left in October 2012.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=450a5b0325a29310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Unfortunatly someone has given you bad immigration advise, which might affect you for the next 10 years of your life.

SMH.

[Cathi 5,794]

Never EVER lie to immigration....EVER!!!!!!!!!!!!!!!