Best Way to Proceed?

[Snark Attack 0]

Hello, all.



This is a variant of a question posted originally on Yahoo! Answers, but I did not seem to receive any constructive responses. I had to revise the entire thing to include more detail.

I am currently 23 years old (born May 12, 1992) and residing in the country of my birth at the time of this writing.

I first visited the United States of America at the age of 2 years old, in order to live with my uncle (ex-army) and maternal aunt (who is also from this same country, but married said uncle and decided to live with him in the US). Ever since then, I've come and gone several times, and have actually attended school in the US. I started and completed high school there, as well (May 2010). I was able to live to extend my stay because I was adopted by them in 2005.

The last time I flew there was April of 2004, and I returned to my birth country in September of 2012 (at age 20). I left because I was subjected to abusive, neglectful behavior from that same uncle and aunt...especially during the 8 years I mentioned above; they would threaten me with deportation (among other acts) whenever I did something they did not approve of. My grandmother, ever supportive, was a witness to various acts of theirs during her various visits to the United States. I was reluctant to seek the authorities because I am not a US citizen, my travel documents (visa and passport) expired during my last visit, and I feared deportation without the possibility of ever returning. I used a Travel Document (as shown here: http://www.embassyofpanama.org/consular-assistance/travel-documents/) in order to have a hassle-free passage.

On top of that, I have had a spinal condition that was visually noticeable for the past 7 years (since I was 16)...which was diagnosed in 2012 as scoliosis (a consequence due to the aforementioned neglect and abuse) by a doctor from my birth country, since I was only taken to the doctor in the US in cases of dire emergency.

I still aspire to return to the United States to continue my education (college/university) and/or seek better employment so that I can live a decent life. Right now, my conditions here overseas are not quite stellar, and I feel that returning to the USA the right way will be a heck of a lot better. Are these grounds for getting my documents renewed under some sort of special category, so that I may get permanent residency and begin building my own path towards prosperity? A few weeks back, I searched around and found out about both the VAWA and U-Visa; would either one be a better choice?

Your advice and/or support are greatly appreciated. From what I've seen from certain posts here, this appears to be a helpful community.

P.S.: My last visa is an R-type B1/B2 (issued June 26, 1996; expired June 26, 2006) and last passport was issued December 1, 2000 and expired November 30, 2005. My grandmother's last visa is also an R-type B1/B2 (issued March 28, 2011; expires March 24, 2021).

[Hypnos 6,578]

VAWA does not apply, since it is for abused spouses of US citizens or LPRs.

For a U visa you would need to be a victim of a qualifying crime and be actively assisting law enforcement in the investigation of these crimes. You can see further information on U visas here: http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status but based on what you've said it doesn't seem likely you qualify for one.

There's also the issue that you likely have a ten year bar from the US due to your overstay of your B-2 visa. You say you most recently entered in 2004 and departed in 2012. That would mean you have an INA 212 bar until 2022, meaning no visa can be issued to you and you are inadmissible to the US until then. That bar can be waived under certain circumstances (such as for a U visa).

Edited November 1, 2015 by Hypnos