Between a rock and a hard place.

Ewe

Registered Users (C)
Hello Everyone, if any one could shine some light on my situation...i would be very grateful.

When I was 13 years old my mother applied for a tourist visa in my name,so we could visit my father in the US. He has been living there for a long time, trying to adjust his status (we are from Poland btw) When it was time to go back home after 2 months of beautiful summer, my parents decided to try and make things legal for us in America. Me and my sister( i was 13 she was 17) had of course no say in this-and we stayed. From what I know, my parents went and met with Immigration Lawyer to take care of our case. We waited and waited. 10 years has passed and although we would call him, show up for appointments nothing was really done. He later admitted he never send any papers to INS. You can imagine how wonderful news that was to us. Me and my sister managed to find a good lawyer few months later. The man did his job and now my father and my mother have a Green Card(may I add my father was sponsored by his sister who is of course an American Citizen) My sister and I couldn't get the Green Card, because we were already over 21 years old. The Child Status Protection Act didn't help in our case. We could still get the GC if the previous lawyer informed us to file the documents to "freeze our date of birth" and prevent us from aging out.I was destroyed to say the least. At that time I was engaged to a swedish man and we decided to get married and move to Sweden. Now it's been 1.5 years since I left the states. I don't have any family besides my husband of course here in Stockholm, only aunts and uncles in Poland. My parents, brother and sister and all my close friends are in America. I know I am probably facing the 10 year ban, because of overstaying my tourist visa. I know that there is no excuses for that, even tho i was a kid, we had an open case throughout all this time, my father has a great record and we have a lot of family living in the US (legally) for decades. My question is, if I want to visit my family(my 25th birthday is coming up) should I try and apply for a I-601 waiver because most likely i have a 10 year ban, or just try and apply fro a tourist visa? May i add I have a different passport now. After getting married I took my husband's last name, that's why I had to change it. I definitely want to go around and do things right. Any advise would be greatly appreciated!
 
Hello Everyone, if any one could shine some light on my situation...i would be very grateful.

When I was 13 years old my mother applied for a tourist visa in my name,so we could visit my father in the US. He has been living there for a long time, trying to adjust his status (we are from Poland btw) When it was time to go back home after 2 months of beautiful summer, my parents decided to try and make things legal for us in America. Me and my sister( i was 13 she was 17) had of course no say in this-and we stayed. From what I know, my parents went and met with Immigration Lawyer to take care of our case. We waited and waited. 10 years has passed and although we would call him, show up for appointments nothing was really done. He later admitted he never send any papers to INS. You can imagine how wonderful news that was to us. Me and my sister managed to find a good lawyer few months later. The man did his job and now my father and my mother have a Green Card(may I add my father was sponsored by his sister who is of course an American Citizen) My sister and I couldn't get the Green Card, because we were already over 21 years old. The Child Status Protection Act didn't help in our case. We could still get the GC if the previous lawyer informed us to file the documents to "freeze our date of birth" and prevent us from aging out.I was destroyed to say the least. At that time I was engaged to a swedish man and we decided to get married and move to Sweden. Now it's been 1.5 years since I left the states. I don't have any family besides my husband of course here in Stockholm, only aunts and uncles in Poland. My parents, brother and sister and all my close friends are in America. I know I am probably facing the 10 year ban, because of overstaying my tourist visa. I know that there is no excuses for that, even tho i was a kid, we had an open case throughout all this time, my father has a great record and we have a lot of family living in the US (legally) for decades. My question is, if I want to visit my family(my 25th birthday is coming up) should I try and apply for a I-601 waiver because most likely i have a 10 year ban, or just try and apply fro a tourist visa? May i add I have a different passport now. After getting married I took my husband's last name, that's why I had to change it. I definitely want to go around and do things right. Any advise would be greatly appreciated!

First of all, this is not Legal Advise. You need to consult a lawyer to help you with this.

-The I601 waiver is applicable to Immigrant Visa applications only. Such as Green Card application. So that won't do you any good.
-The changes in your name are not applicable; since you are the same person. That would be considered fraud if you applied for the visa pretending to be a different person.
-Applying for a tourist visa won't be successful because of the 10 year bar.

The only recourse you may have is to apply for a Non-Immigrant inadmissibility waiver in conjunction with your tourist visa. Here is a link that explains what it is.

http://www.bridgewest.com/visaservice/non-immigrant/waiver

Good Luck.
 
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