I-130 approved, overstayed in US, denied entry, now what?

**tiphanai** · 16th August 2012, 03:44 PM

Hi all,

I have an approved I-130 filed by my USC father and a Mar 2006 PD. I have a 5 year old daughter born in Canada who is eligible for US citizenship as her father is a USC. I have filed an N-600K on her behalf.
Over the last 5 years I have spent the majority of my time in the US. I didn't work there, took classes at a Canadian university online. An illegal overstay I know, but trying to give my daughter and her father (who I'm separated from and never married) a chance at a relationship versus being 2000 miles apart.

A month ago I attempted to return to the US from Canada and was stopped at immigration. They discovered my history of spending more time in the US and denied me. My most recent stay was 192 days, 12 days over the limit. Immigration officer saw I had an approved I-130 and said this denial should not affect my Green Card but denied me from visiting the US until my Green Card has been processed or I can prove I have ties in Canada (job, apartment etc.) He also gave me a stack of paperwork regarding the incident and told me to bring it to my Green Card interview.

I've re-established myself in Canada and am waiting for a current PD in the hopes that my overstays will not prevent me from receiving my Green Card.

Any thoughts on whether or not I've permanently screwed myself out of a GC? And please no negative comments. Overstaying may have been a bad choice but it was one I made to try to keep my family together with the limited options that were available.

Thanks in advance!

**TheRealCanadian** · 16th August 2012, 04:10 PM

What is your citizenship? Were you ever issued an I-94?

**tiphanai** · 16th August 2012, 05:46 PM

No, I did not have an I-94. I would travel to the US and then stay for several months at a time. I'm a Canadian citizen

**Jackolantern** · 16th August 2012, 07:24 PM

Originally Posted by tiphanai

I have an approved I-130 filed by my USC father and a Mar 2006 PD. I have a 5 year old daughter born in Canada who is eligible for US citizenship as her father is a USC. I have filed an N-600K on her behalf.

N-600K may be wrong for your situation, for one or both of the following reasons:

1. N-600K requires the child to live outside the US with a USC parent. Apparently the 5 year old is residing with you outside the US, or inside the US with her father.
2. If the father was already a USC at the time of the child's birth, the child may already be a USC since birth and N-600K would not be applicable.

Is your daughter inside or outside the US? Does she have a US passport?

**tiphanai** · 16th August 2012, 08:25 PM

Originally Posted by Jackolantern

N-600K may be wrong for your situation, for one or both of the following reasons:

1. N-600K requires the child to live outside the US with a USC parent. Apparently the 5 year old is residing with you outside the US, or inside the US with her father.
2. If the father was already a USC at the time of the child's birth, the child may already be a USC since birth and N-600K would not be applicable.

Is your daughter inside or outside the US? Does she have a US passport?

Hmm, I see your point. Initially I was told I could just apply for her passport but I later realized she doesn't have the identification required to do so. Unfortunately we did not file a Consular Report of Birth Abroad form and they no longer issue these. (This would have been sufficient to prove her citizenship) Then a USCIS agent told me over the phone to file the N600K to fulfill the passport requirement of proving citizenship but she does reside with me in Canada and not with her father in the US. Right now she only has a Canadian passport.

** edit - I read the information wrong. Looks like the CRBA form does exist, it's just changed code names. Going to look into how to file this for her **