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Waited 15 years and still waiting

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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linkspider
Newly Registered
Posts: 2
Joined: Sat Aug 26, 2006 2:33 pm

Waited 15 years and still waiting

Post by linkspider » Sat Aug 26, 2006 5:58 pm

I have about 180 family members all American including my father and 1 person my mother in UK who has no family, I was born in UK and have a English mother, mother and father were not together when I was born so I did not get to find my father and family in USA until I was about 22..

I came to America met my father he did not apply for my green card in my 6 month time frame I ended up overstaying my visa and became a private investor here paid taxes etc employed people, I have never worked for anyone, I never went home and subsequently I am now retired property investor and single my father decided 15 years later probably out of guilt he would apply for me.

My 990 days of waiting are now up 7 days ago, my lawyer told me that even though I waited the required 990 days immigration will ask me to leave and re-apply outside the USA I will be subject to a 10 year ban and will not be able to re-apply until after my ten year ban is up which in essence means I will have to wait outside the country for a further 10 more years plus another 990+ days.

Is there nothing I can do even though my father is American and my entire family except my mother is American, this just seems very harsh.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Aug 30, 2006 10:22 pm

Consult an immigration attorney immediatley...the nature of your problem is outside the scope of this forum. The attorney would need to review relevant clauses of the INA and applicable amendments such as the LIFE Act which deals with the matter of Adjusting status for those who have overstayed but were inspected into the US (as you were). AFAIK those who were never inspected may not adjust status at all. Do not leave the US before receiving your Green Card if it is the case you are able to adjust status (don't bother with Advanced Parole etc).

linkspider
Newly Registered
Posts: 2
Joined: Sat Aug 26, 2006 2:33 pm

Post by linkspider » Thu Aug 31, 2006 2:20 am

Thanks for responding Kayalami, I all ready have an immigration lawyer she is the one that told me I will be subject to a ban and my only real chance is marriage or an amnesty even with an American father and direct family members etc; its so weird 180 odd family members and I am the only one not allowed to be here, its very stressful...

I did enter country legally on a 6 month indefinite visa and went back and forth about 2-4 times in the first few years and only overstayed because my father said he was sorting my green card out and then changed his mind I think real reason was he was paranoid about being responsible for me as within some sort of application guideline, very lame but that's life...

I called other lawyers but they just seem to salivate over getting their retainer while quoting no promise to what they find out...

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