I visited to the US legally on a non-immigrant visa aged 15 with my parents. I am now 17 turning 18 in a few months, and my papers are still being processed by the INS under my father. However his I-94 had expired and the church that was working on our papers failed to regularise our visas to R-2s and my fathers as an R-1.

Now is there a way for me to not have to have the 10-year bar enforced on me? If i leave the country before I turn 18 will my record be clean(similar to the criminal record in the US) once I turn 18?

edit: im not looking for a green card, nor looking to keep staying in the US. I just dont want a 10-year bar.

There's an exception for minors. You don't accrue unlawful presence or a 10 year bar if you are under 18. However, the visa is probably canceled pursuant to section 222(g) as an overstay.

thank you. do you know what section this(the minors not accruing 10-year bar) rule is from so i can directly quote it?

and will the visa overstay affect my chances of getting a new visa?

The exception is listed under section 212(a)(9)(B)(iii) of the INA. See below. The overstay won't have any automatic negative effect under the law, but obviously it could cause you difficulty in obtaining a new visa. You still have to prove that you aren't planning to immigrate to the U.S. They aren't required to give a visa to anyone.

<<<SNIP>>>
(B) 13/ ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
<<<SNIP>>>

and what happens to my immigration papers with me filed as a dependant on my father?

Which papers are you filing for? Are you still going for an R2? It won't happen in the US because you can't change a status that you don't have. If your father can overcome his 10 yr bar, you should be able to tag along depending on your age.

right.

The exception listed under section 212(a)(9)(B)(iii) only applies under clause I(overstayed for between 180 days to a year), however my I-94 has expired over a year ago. That means I have accrued a 10 year bar however right?

That's unclear. I'd say the exception applies to both, but I'm not sure what the interprettation would be.

thanks. im trying to get a second opinion on that one.

i know that if i leave and i cant come back i can always fill in the i-212 form(permission to reapply for admission after deportation or removal). have you heard of it? if you have, do you know if i can enter with that?

You wouldn't complete the I-212 unless you are apprehended while in the US and ordered deported, or hit with an order of expedited removal at the port of entry while seeking admission.

I believe you would complete an I-192 waiver of inadmissibility application. You can't just fill out the form and seek entry. You need an approved I-192 waiver before even seeking admission at a port of entry. You get it approved and the approval is annotated on your new visa. You then travel to the US with the new visa. It doesn't guarantee admission but allows the officer to ignore the previous violation when considering your application for admission.

okay. me and my family are now in the process of debating whether or not i should leave the us before i turn 18, and whether it would help me in any case.

of course, the "under clause I" part is what we are looking to investigate.

either way, is it possible for me to appeal my situation directly to someone in authority?

No. You can't appeal to an individual. They aren't authorized by law to make exceptions in most cases. Certain high ranking officials can give out humanitarian paroles, but those take an act of God these days. Noone is going to put their job on the line to give you a break. They gave breaks to Mohammad Atta(terrorist) and Lee Malvo (beltway sniper/illegal alien) in the past, so those are very rare now.

I'd suspect that they don't hold minors accountable for overstays no matter how long it was. What were you supposed to do? Were you supposed to save up your allowance and depart the country against the wishes of your parents? Run away from home or something?

Thats what, Im hoping sways their decision.

Actually the reason this happened was that when the church was processing our papers they told us to do our I-360 and that we shouldnt renew out I-94s, when in fact they didnt even regularize our visas to R1s. My dad trusted them and did so.