Complicated situation...need help:(

E

Ewe

Registered Users (C)
I am looking for advise and help in my legal matter.
When I was 13 years old my mother applied for a tourist visa so we could visit my father in New York. He has been living there for a long time, trying to adjust his status (we are from Poland btw) I got my tourist visa and off we went to NY. 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 Protection Act didn't help in our case. I was destroyed to say the least. One month after those news I decided to just leave America. I had enough of living illigally. I also met now my husband who is swedish and decided to move to Sweden. Now it's been 1.5 years since I left the states. I have a new passport with a new last name etc. I am thinking of visiting my family for my 25th birthday soon and I am so scared of applying for a tourist visa. May I add I have a polish passport but live legally in Sweden. Do You think there is any chance I can just go and apply for a tourist visa? I don't want to lie and I am afraid that questions will come up and I will have to say I was in America before.
Not sure if i am looked at as I overstayed my visa and might be banned from visiting America for 10 years. ...

Thanks for all the answers on advance.
 
Overstay is only counted after age 18; it still appears that your overstay exceed 1 year so you are barred from entering for 10 years.

Never lie to US immigration. It can result in a lifetime bann from entering the US.

I suggest you (or your parents) contact the attorney who handled your parents cases to confirm your situation. I suspect that your mother obtained a GC even with an overstay due to your father becoming a US citizen. This would not grant you any benefit.
 
banned?

My 10 year visa expired on June 23 2007 and I left America on January 8th 2008. If it is true that I might be banned for 10 years I would be totally devastated. it totally doesn't make sense to me. I left America when I found out that I couldn't get the Green Card. If i am to be punished for overstaying while waiting for INS to review my case that is totally insane to me.

If i go for an interview to try and get my tourist visa, could they ban me there for entering America(for overstaying)? Or the worst that can happen would be getting rejected?
 
When did your I-94 expire? Your visa expiry does not matter.

Ewe said:
My 10 year visa expired on June 23 2007 and I left America on January 8th 2008. If it is true that I might be banned for 10 years I would be totally devastated. it totally doesn't make sense to me. I left America when I found out that I couldn't get the Green Card. If i am to be punished for overstaying while waiting for INS to review my case that is totally insane to me.
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I don't even remember...What i do remember we to a lawyer and started our case few weeks before it would expire. Is there any way I somehow got my status adjusted? I just want to go and be able to visit my family.
 
I would not expect you to be able to visit before your exclusion period has expired or that you have reason to adjust your status to that of a legal permanent resident, but the circumstances of your situation are such that you would best be served by speaking with an immigration law specialist. I suggest that one with expertise in appeals and unusual family cases would be the best choice rather than one who specializes in employment based visas and green cards.
 
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