B2 visa overstayed more then year - please help

#1
I've been abused by my usc husband (and my overstay is because of him- he took my passport ) My mom came in December to the birth..and she helped me to ran away from him (its very long complicated story) Im after c section and i need to do follow up check at my doctor in US (in my country they cant understand which c section i did and i dont have my medical records ) What is my options? Can I apply to new b2 visa? I did succeed to take some documents with me.. and i have screenshot to prove the abuse.. does the consul can help me?? There is exceptions on my situation?? I dont want to file for vawa because i dont want to get green card. I just want to do the follow up check, collect my medical records and the documents that i need to register my son in my home country. I didn't attempt to go back to US . Im trying to understand what is my options in my situation. I never wanted to break any law. And i want to be far away from my husband!! What can i do?
 

1AurCitizen

Registered Users (C)
#2
B2 overstay of more than a year results in a 10 year ban on US reentry as soon as you leave. You need a lawyer to figure out a way to get into the US, not something you can do on your own. If he took your passport how did you leave the US?

What documents about your son did you get before leaving the US? And what is your home country where doctors don't know a C-section?
 
#3
B2 overstay of more than a year results in a 10 year ban on US reentry as soon as you leave. You need a lawyer to figure out a way to get into the US, not something you can do on your own. If he took your passport how did you leave the US?

What documents about your son did you get before leaving the US? And what is your home country where doctors don't know a C-section?
In the hospital they gave it to me and i gave it to my mom.. the moment he realized that i hace my passport he lost his mind. My mom was there the all time..
i only took my son passport and birth certificate ( which in my country they don't accept).
The doctors here don't understand which type of c section i did. They don't familiar with that. In my country they use something to close the skin (pins?) but in US the put me something on the skin.. and i was only 48 hours in the hospital (in my country is 5 days in hospital)

I already spoke with lawyer. Told me to try enter to the state again. Which ill not do. Im not interested to "try". The second lawyer told me to file for vawa. I don't want green card. I only want to do my follow up check and to take my son stuff.
 

1AurCitizen

Registered Users (C)
#5
As far as I know, all that's needed is the US passport and the original birth certificate of your son. Which you say you have. What other documents do you need that your country accepts?

The US hospital should be able to release your medical records to your doctor with your permission by email or phone.
 
#6
As far as I know, all that's needed is the US passport and the original birth certificate of your son. Which you say you have. What other documents do you need that your country accepts?

The US hospital should be able to release your medical records to your doctor with your permission by email or phone.
In my country they don't willing to take the birth certificate as prove that my son is mine
And the doctor in US refused to release my medical records without exam me and to write follow up instructions.

But again ill ask.
Because I've been abused.. there is no exceptions for the 10 year bar??
Why i need to continue to be punished??
 

Sm1smom

Super Moderator
#7
In my country they don't willing to take the birth certificate as prove that my son is mine
And the doctor in US refused to release my medical records without exam me and to write follow up instructions.

But again ill ask.
Because I've been abused.. there is no exceptions for the 10 year bar??
Why i need to continue to be punished??
There’s no other document issued by the US to prove your son is your son outside of the B/C already issued to you. If that is not acceptable in your country, then you should do a paternity test to prove the relationship between you and your son, and you don’t need to come to the US in order to do a paternity test.

And no, there’s no exception to the 10 year bar. This is not a case of why you need to continue to be punished. It’s a case of applying the applicable immigration laws regardless of if you were abused or not.
 

SusieQQQ

Well-Known Member
#8
In my country they don't willing to take the birth certificate as prove that my son is mine
And the doctor in US refused to release my medical records without exam me and to write follow up instructions.

But again ill ask.
Because I've been abused.. there is no exceptions for the 10 year bar??
Why i need to continue to be punished??
What apart from the birth certificate are you hoping to get to prove the child is yours? I don’t understand this. What else can there be?
Agree with sm1smom, if they don’t accept birth certificate then DNA test appears the only way.

May I ask, has the doctor been paid? Refusal to release records sounds strange especially if you are in another country.

The protections for abuse exist under VAWA, but unfortunately not for a visit visa.

Can you tell us what country you are in now?
 

1AurCitizen

Registered Users (C)
#9
In my country they don't willing to take the birth certificate as prove that my son is mine
And the doctor in US refused to release my medical records without exam me and to write follow up instructions.

But again ill ask.
Because I've been abused.. there is no exceptions for the 10 year bar??
Why i need to continue to be punished??
You are not answering what document for your son (other than the passport and BC) you're expecting to obtain from the US

You overstayed your visa and US law says you're barred from reentering. Marrying and having a child on a tourist visa were your choices.
 

SusieQQQ

Well-Known Member
#10
By the way, it must be pointed out that if your husband is a USC and you took the child outside the US without his permission you may have legal trouble. Will your husband have reported you for doing this?
 
#13
What apart from the birth certificate are you hoping to get to prove the child is yours? I don’t understand this. What else can there be?
Agree with sm1smom, if they don’t accept birth certificate then DNA test appears the only way.

May I ask, has the doctor been paid? Refusal to release records sounds strange especially if you are in another country.

The protections for abuse exist under VAWA, but unfortunately not for a visit visa.

Can you tell us what country you are in now?
I uses to pay in cash to my doctor.. not sure if i need to pay more abd they didn't tell me. Im almost sure I paid everything before I gave birth..
my son took my last name, I even showed them pictures from the birth.. they saying something about Apostille.. I even talk with U.S. Embassy but they can't help me.

I already send to my congressman emails and letter
I hope it will help..

And you recommend to file for vawa??
Im not sure that what i have is enough to show the abuse ( but I diagnosed with c-ptsd something..)

Ok
Thank you for answering me
I hope I'll find solution
And i will let you guys know

Thanks
 
#14
Internet search confirms doctor is required to release medical records at the patient’s request. Even if you haven’t paid, they can’t refuse you. Official links:

So either your doctor is breaking the law or there is more to the story.
Thanks you! Im going to call right now and to tell them about it!!
 
#15
Why did you leave the US after the birth?
Well my husband told me he will put me in jail and he tried to take my son one of the nights..
i never heard about vawa before I return to my home country
Im very young and don't really understand in laws and everything so I always believed to
My husband. And i did ask lawyer! He told me that if my husband will call the police ( to ICE ??) and will tell them i marry him for GC they will put me i jail and only after this they will check if it's true (never married for green card!!!!) and also told me it doesn't matter to ice if we live together and we have son together.

Never mind. He cant hurt me now anymore.
 
#16
By the way, it must be pointed out that if your husband is a USC and you took the child outside the US without his permission you may have legal trouble. Will your husband have reported you for doing this?
Never write his name in birth certificate.. i ask in hospital and they told me is my choice and he can claim his right it court.. which I know he will not do because it's Money that he will spend of gambling and drugs before his son.
 
#17
I
You are not answering what document for your son (other than the passport and BC) you're expecting to obtain from the US

You overstayed your visa and US law says you're barred from reentering. Marrying and having a child on a tourist visa were your choices.
already answer. Apostille.
And I wasn't my "choice " i was abused during all that time including sexual abuse and my son his a living proof . Thak you.
 

SusieQQQ

Well-Known Member
#18
No, I am not recommending you apply for VAWA. You said you don’t want to live in the US. Let me rephrase. There is not seen to be a need to protect someone who only wants to visit the US. VAWA exists to protect those who need to live in the US.

I don’t understand whole parts of your story to be honest. You say your husband threatened to say you only married him for a green card, but you never got a green card? Then you say your husband tried to take your son but also that he doesn’t want him, and when did this happen if you left so soon after the birth that your doctor didn’t have time for a follow up? What congressman did you send a letter, if you never had legal residence in the US?

To be honest I can only see trouble for you trying to go back to the US. I don’t think they’ll let you in, and despite what you said you might find your husband has filed charges against you. (If he was married to you at the time of the birth from what I understand he is legally presumed to be the father no matter if you left his name off the birth certificate. I don’t really understand why you would do that anyway. It looks bad all round.)

You obviously also need to figure out how to file for divorce from your country now. This is way more than a forum can help.
 
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SusieQQQ

Well-Known Member
#19
Ok I looked up apostille and now I understand, and yes the embassy cannot do it.
You say your mother visited you in the US, I assume she still has a valid visa, it would seem a solution if she was to go to the US to get the birth certificate apostille.
 

SusieQQQ

Well-Known Member
#20
Its because you want all the story which I didn't tell. I only wanted to adk a question about something.
You guys just love to know more and more.
I already spoke with new lawyer and he will help me

Thank
People want to know the full story because it’s hard to give proper advice without knowing the details. If all we were wanted were salacious stories we could buy the National Enquirer. Don’t need to wait here for people to post.
I’m glad you have found a lawyer you can trust now, this isn’t a DIY forum job for sure, Good luck.
 
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