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

Yes my attorney had a feeling that I-360 won't be approve but he said he's using that to buy time. But I just want to know what will happen when immigration judge denies it

I already told you that. http://www.visajourney.com/forums/topic/443500-im-in-need-of-desperate-help-please/?p=6400875

And yes. You are facing detention followed by deportation. Not just you, but also your kids. It would be better, in my opinion, for you to save the money you would have spent on the lawyer in going back to your home country, or at least leaving the states. I understand you WANT to stay here but you are currently here illegally. You have no right to stay. You are in limbo and will remain in limbo for years (as will your children). It is better for them in the long run to return to their country (before they get a ban for overstaying past the age of 18) and try and rebuild/build their lives there instead of living in secret and being careful not to mention they're in the country illegally.

**Edit - you don't need "more time", you need to leave. You could extend all this for years, you will spend a lot of money on attorney's fees doing so, but in the end you will not have legal status and neither will your kids. If you are concerned about them and their education you should leave the US and live somewhere you are legally able as soon as possible.

They are not facing a ban on returning to the US until they are over 18 so if they leave before then, they stand a chance of being able to return to the US on student visas (if they're approved for them).

Edited by VanessaTony
 
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