Help!!!!.

[fedup2k6]

I've got a friend that recently was travelling back on forth from the United states .She spent in excess of 1 year in the united states recently and had a baby in the us she is on a b2 visa.She was going to her home country and got caught in Puerto Rico since she overstayed her time.She was sent back home and her visa was taken away and her book was stamped.Is there any way of her obtaining another visa to come back or is she subject to the 10 year ban?She has a boyfriend in the US can she be petitioned for a Fiancee visa ?.

[princesskate]

Is her bf USC?

If yes, why didn't he file a petition for her earlier before she travelled so that she wouldn't be in this situation...

[fedup2k6]

I am not sure what his staus is .I think he is a green card holder.She had been travelling back and forth i guess she thought she would not get caught since she was travelling with her us born daughter.

[justnew]

What about the baby she had was the baby taken away from her, shine presumably the baby is a USC by birth and they just could not deport ther own citizen.

[aniretake]

Originally Posted by justnew

shine presumably the baby is a USC by birth and they just could not deport ther own citizen.

No they cant, but the baby-citizen will follow his/her mother if she is deported. Later, when he/she reaches 21 year old, can petition for the mother to enter USA.

[cherr1980]

They are not deporting the baby, but the baby is dependable/not an adult, so the baby goes where the one who had the custody goes does not matter their status. IF her father is legally in the US the baby can stay with the father does not mean that the mother has the right to do so.

She must read what the stamp says in her passport, the stamp must said that her visa is void and other stuff, possibly she is with the 3/10 year bar that depends how long she overstayed. If the overstay over a year after the expiration of her I-94 then is 10 years and does not matter if her bf is a USC he will have to apply for a waiver of extreme hardship before everything else. If her bf is a green card holder he cannot apply for fiance visa, and the waiting period is longer and anyway in both cases he will have to apply for a waiver if she has a ban to re-enter. The bar even applies for people with pending applications, so they should not exit the country until they have a result in their petitions.

The bar is over everything else.

The part that I don't understand is that she was in the US but she was caught in PR?

[fedup2k6]

Her flight stopped in Puerto rico on route to the United states and she had to go through customs they asked her why she had spent so much time in the us and thats it.Her bf is a green card holder not a citizen.So basically she is stuck ,she will not send her daughter to the us without her.I dont know what they put in the passport i know they took away her b2 visa.I guess its impossible for her to go to the US consulate in her home country to get another visa since she already broke the law.

[cherr1980]

So far the only thing that may happened is that her visa got void.

She must know better if the is in a 3/10 year bar period. If she is not in the bar period even with the visa void she must wait a period of time before try to get another visa, but could be very difficult.