UKGuyinUSA

OK so here's the situation.

I arrived in the US Jan 07, I decided to travel round the US and check out as much as I can, I ended up missing my initial flight back to the UK BUT instead of booking another I carried on traveling I arrived here on the VWP. while on my travels I met a woman and she fell pregnant and now we have a daughter, obviously I want to do the right thing and support her BUT my funds are now at an all time low, my savings are exhausted and for me to start filing paperwork to stay here it means that the USCIS know Im here and could jail me. Ive no problem returning to the UK, earn some money and come back BUT Ive been told that Im going to encore a ten year ban. Is there ANY WAY what so ever around the ban? Or did I properly screw myself by staying.

Thanks in advance

Trixie_b

The experts will be along shortly. You don't say if you're still with your daughters Mom or not.

Are you married?

UKGuyinUSA

yes Im still with them.

would being married make a difference?

scrubbedexpat099

Not a lot will happen unless you do get married.

If married then she could file for you to adjust status to become a Permanent Resident.

Go back and you add the need for a waiver for the 10 year ban.

Trixie_b

If your girlfriend was your wife, she could file for you for permanent residency, however, you could still be deported when you adjust status.

Find a lawyer, and take it under advisement.

Look for posts from "Folinskyinla" -

UKGuyinUSA

So there is such a waiver in relation to the 10 yr ban.

Is there any more information you can supply concerning the 10yr ban waiver?

UKGuyinUSA

Ill check those posts out thanks, as for the lawyer.... It costs so much for me to hire one, as I said Ive exhausted my savings and because I cant work I cant earn, my girlfriend is a stay at home mom on benefit.

Trixie_b

OK here's the score - if you leave the US now, you will have an automatic ban - 10 years I think for the length of time you've overstayed.

If you get married and adjust status to PR, you may be allowed to stay, and your overstay forgiven without a ban. or, you may be deported and still banned.

There are posts to do with this. search for the posts by this guy: "Folinskyinla"

I'm just guessing so listen to the experts. Get legal advice. There are charities that help financially with immigration stuff. to file the PR stuff is just over $1000 - if your wife isn't working, someone else will need to financially support you too.

Good luck, but don't piss around with this else your kid may not have their dad around while they're growing up.
Find the money for a one off consultation with an immigration lawyer.

UKGuyinUSA

Oh Man, so even if I do all the paperwork required I could still get the 10yr ban?

Realistically should I look into bringing them to the UK?

Trixie_b

It all depends on what it is you and your girlfriend want.

Here are some statements, in no particular order, that might help you decide what to do.

A) Without a greencard, you're not going to be able to work in the US.

b) If you leave now, you will be banned for 10 years from re-entering the US

c) If you get married and file for adjustment of status you may get deported

d) if you get married and file for adjustment of status you might not get deported

e) if you want to take your family to the UK, I'm uncertain if you need to be married

f) If you take them there and then you and the girfriend/wife split up, and she returns to the US, you will not be able to visit your child for at least 10 years

g) there are charitable organisations that can help with immigration issues.

h) if you seek the advice of a lawyer, for a one off fee, listen to what they say, take heed and keep your conversation between you and your lawyer.

GOOD LUCK

UKGuyinUSA

thank you

Tracym

Catholic Charities sometimes provides immigration assistance.

You also have another issue, if your girlfriend is on benefits - you will need another US citizen to be your sponsor. Look up form I-864 and you can see what that means. Hopefully she would have a relative or friend willing to do this.

This is the thread where a discussion of what can go wrong is. It doesn't mean this will happen to you - but it could.

http://britishexpats.com/forum/showt...ustment+status

ian-mstm

If this is true, then everything you do from this moment on will either support or disprove the statement.

1) You will face a 10-year ban from the US *if* you leave. Ergo, do *not* leave the US under any circumstances.

2) On the assumption that your girlfriend is a US citizen (you don't actually say), the only way you can successfully adjust your status, is to marry her. This is not an either/or situation... you *must* marry her or you will *never* be allowed to adjust your status.

3) Overstays are forgiven for the spouse of a US citizen... but you must *not* ever use advance parole to leave the US (we'll get into A/P in some later post), and you must *not* leave the US until you have a green card in your hand. If you do leave the US before you have a GC, you will invoke the 10-year ban and being married to a US citizen will not help you.


All you've done so far is overstay the VWP - and that is not a prison offense. If anything (and this is a really, really long shot) they will send you back to the UK and invoke a 10-year ban... but, filing to adjust your status does *not* usually result in any negative consequencs. Besides, USCIS doesn't have the resources to track you down.


You are *not* screwed...well, not entirely! You've certainly got an uphill battle ahead of you, but you *do* have options. If you leave the US, you have *no* options because the hardship waiver is *extremely* difficult to get and "not being allowed to live with my wife and daughter" is not a reason to approve the waiver.

As for money, one of the benefits of applying to adjust your status is that you will get permission to work. You'll also get permission to travel (A/P... I mentioned that before) but do *not* leave the US under any circumstances.

Yes, it will be expensive - but there is *NO* way around that... if you do not file to adjust your status, your situation will not change at all, and you will live in fear for the rest of your days. Not a good way to live.

The others are right... get yourself a lawyer and file to adjust your status. Borrow the money, put it on a credit card... it doesn't matter how you pay for this but, even if you don't get a lawyer, you need to file to adjust your status. Otherwise, it's game over. End of story.

Ian

fatbrit

Anybody heard of any fallout from Momeni?

Tracym

Not every time now Ian - look at the thread I put up, and the case of Momeni.