What to do when the primary beneficiary of the IR needs the waiver and the dependents do not but the dependents cannot enter the country without the primary beneficiary?

[Cathi 5,746]

6 hours ago, Talita Redmond said:

In 2020 all port of entry was CLOSED!

But they weren't in 2021.

[Cathi 5,746]

3 hours ago, Talita Redmond said:

Yeaaah and I was MARRIED!!!! I am here to asking help not be judged! It's not up to you to tell me now what I should have done years ago! I couldn't leave the country and leave my husband!!!! I was one year with my AOS pending but the USCIS never judged my case, simply 19 months of age and nothing!!!!

No one is judging you and no one is telling you what you should have done, people are merely telling you the facts.

You came here asking for help, we're doing our best to do so. No need to get angry at people who are giving you very good advice.

[Talita Redmond 0]

I already file the i130 for the kids and then already be approved. We are in nvc fase. I am waiting for interview scheduled and the kids I don’t sent any documents yet. I haven’t starts the waiver yet. 

[Talita Redmond 0]

I’m not angry,but in fact some people were saying “oh why didn’t you come back, or aah in 2020 you could have come back…” there’s no way to change that… I really appreciate every piece of advice and I do need to know what to do and how to proceed because it’s a painful and very stressful process.

[Talita Redmond 0]

But in 2021 I was already with my husband… nothing works if I left same way!!! Why you guys don’t understand? 

[Boiler 45,467]

Here is a good waiver lawyer

 

https://www.scottimmigration.net/

[EmilyW 1,434]

We are trying to piece together ALL the facts, because while you think the past is the past, the past is a significant contributing factor to what you do next.  You made a choice to stay in the US.  You then made a choice to leave the US, incurring a ban.  Your choices have consequences (i.e. the need for a waiver, your child's mental health with you leaving him/her for over two years to stay in the US) but nothing is insurmountable and a logical, rational approach will get you where you need to go.

 

As advised, hold the kids' visa back.  Get yourself a lawyer to help with the waiver.  I suspect this won't be quick or easy, but it's doable.  And, as I previously suggested, maybe he can move to you guys in the interim.

[Talita Redmond 0]

I don't choose to leave my son! I left the United States to return to Brazil to take care of him when he got sick! Before that, I was stuck in the pandemic and soon got married and I was supposed to have my GC at six months and return to Brazil to do their process in Brazil, but that didn't happen and that's why I said I don't care anymore because I can't change the past. I already have a lawyer but I don't agree with the coldness with which he is handling my case, that's why I'm here! I said in the first comment that I didn't agree with what my lawyer said! In 2020 the exit doors WERE NOT OPEN AND THE CONSULATES WERE NOT OPEN EITHER! In 2021 the doors opened but I was already married and so it was close to being able to get my GC but that didn't happen because USCIS never refused my AOS and all the thousands of times I tried to expedite, I never got a single answer. I NEVER LEFT MY SON, I NEVER CHOSE TO LEAVE HIM, especially when he was sick, or else I wouldn't be suffering now having to go through this and a waiver or having the risk of having to send them to live with their stepfather, which would be impossible due to their psychological conditions!
 

Thank you all for all advices! God bless you all.

[appleblossom 2,478]

27 minutes ago, Talita Redmond said:

In 2020 the exit doors WERE NOT OPEN AND THE CONSULATES WERE NOT OPEN EITHER!

 

You could have left in 2020, you didn't need a consulate open to get on a flight to your home country.  If you're applying for a waiver you need to be very contrite about the reasons for your overstay and not defensive, that won't help. 

 

But the bottom line is you now need a waiver, and that will take a year or two. So you need to hold your kids cases at NVC until you have caught up. In the meantime you might want to explore your husband moving to be with you instead. 

 

Good luck. 

Edited August 8 by appleblossom

[Boiler 45,467]

By my calculations you were in the US for about 3 years.

 

So to repeat myself this was nothing to do with COVID

 

Hopefully you appoint a really good Lawyer.

[Talita Redmond 0]

I was waiting my green card!!!!!! Jesus!!!!!

[appleblossom 2,478]

11 minutes ago, Talita Redmond said:

I was waiting my green card!!!!!! Jesus!!!!!

 

That's not relevant, you still need the waiver. 

[Talita Redmond 0]

Ok. My question on is not that! 

Edited August 8 by Talita Redmond

[appleblossom 2,478]

5 minutes ago, Talita Redmond said:

Ok. My question on is not that! 

 

You've already had the answer to your question. 

 

The point is you keep saying you couldn't leave for 3 years due to Covid which isn't correct, so it's just general advice for your waiver.

[powerpuff 6,697]

Post removed for violating the following provision in TOS:

 

“Restrict or inhibit any other user from using and enjoying the Forums.”

 
Please don’t tell others not to post, even if you don’t like their answers.

 

As the answer to the question on how to delay the kids’ cases has already been provided and discussed and to avoid further derailing, this thread is now closed. Do not restart this topic.

 

VJ Moderation 

 

Edited August 8 by powerpuff