OnwardandUpward

I think you need an immigration specialist lawyer to advise you, it will all depend on your circumstances.

We were told by our first lawyer- don't ever be in the US illegally if you can help it- even if it means flying out while you sort out paperwork...because some of the rules are pretty rigid.

One family we knew who got in a paperwork mess were granted a grace period on immigration officials' discretion- for several years, it was very compassionate I thought, but when the youngest child hit 18 they were given a number of weeks to close their affairs and leave. They were Spanish, maybe there would be more leeway to someone from an unsafe country.

That said, another friend of mine came here on a student visa which was never rescinded then was flagged when she returned later to marry and to work. They spent a few thousand dollars on an immigration lawyer to sort it out, and she was never asked to leave and has citizenship now.
her country of origin was Romania though- maybe she could argue hardship if forced to return.

The immigration system is unfair in that some people seem to break many laws and don't get deported, others just have a blasé attitude or make a mistake of judgment and cannot stay.

My bottom line personally is if you can work, pay taxes, and contribute usefully to society you are more use to America than the expense of prosecuting and deporting you, or refusing you access, and as for the argument of having to be firm with the law as a deterrent well I live in Texas- that ship has well and truly sailed!

ian-mstm

That'd be a great argument... if it was the IRS making the decision and not US immigration. Fortunately, US immigration doesn't care how useful a person is or how well they contribute to society while they're in the US illegally.

Ian

S Folinsky

Some years back I defended an abandonment case where client was a high paid executive of a Fortune 500 company [it was actually referred to me by a Fragomen partner, but I digress]. In settlement negotiations I mentioned to the trial attorney that the tax refund if she won would exceed twice her annual salary -- "We don't care about that."

BTW, about half way through our case the IJ interrupted with "This is a waste of my time. There was no abandonment. Appeal me if you want, government counsel."

OnwardandUpward

well maybe they should- this is the nation where dollar is God/King/everything.

It's a bit *too* sanctimonious to spilt hairs when 'it is what it is'.

Sally Redux

If only we could make our own laws.

OnwardandUpward

@ Sally redux- this is America. If you can't make your own laws it just means you don't make enough money!

Sally Redux

Oh yeah - it was a specific 'we'

crg

I wouldn't rule out a waiver a few years before the 10 runs out if the person is firmly resettled in the UK for a few years with job, home, family, savings. However, there is no real chance that the ConOff would recommend a visa, let alone a waiver in the near future. I second what Mr. F. said about a potential for a lifetime bar if the person tries to jump the fence. And that lifetime bar would have no waiver possible for 10 years.

A private bill was mentioned. Think average of 3 or so per year the last time I looked and zero some years. The sob stories are also much more compelling.

scrubbedexpat099

How does 9c come into it?

crg

Generally speaking, if there is an attempted or successful entry without inspection following a removal or overstay of more than one year.

BigP17

Thank you for all the help. The reason I overdtayed was because I loved my job and I loved my girlfriend. We didn't have enough money to get married so that wasn't an option for us. She unfortunately passed away in a car accident in the summer, and that's why I returned to the UK.

ian-mstm

I'm very sorry for your loss. The US government won't care why you overstayed.

Ian

Pulaski

In deed. If his girlfriend hadn't died and they had married, but he had left the US before regularizing his status in the US, he would still be in exactly the same pickle he is now in: banned from the US for ten years.

OnwardandUpward

Sorry for your loss.

I do actually think things will change over the next few years- there are so many people living illegally in the US now ( DHS estimates @ 3 % of the population, over 10 million people ) many who can't simply be deported due to other laws- that it will soon be a legitimate argument that why is one person who is or has been illegal being treated so differently than another, it's discriminating.

Most of the people living here illegally simply came here and overstayed visas. They stayed to work and raise families. And for all the cases which are brought- 438,421 deportations in 2013- most of them aren't going anywhere.

But it'll take a politician with some backbone to sort it all out...Obama said he would...let's see!

scrubbedexpat099

Too much sherry?