Leaving the USA after being Petitioned for a Greencard

L

Louiev

New Member
Hi Everyone,

I just wanted to ask tips if I should get a voluntary exit or "forgiveness" from the USCIS. Me and My Brother(Above 21 years Old) Entered the US 2008 after my Mom passed away and decided to stay since it was too hard for us to leave. We Overstayed our Tourist visas, my Father already remarried and is now a Permanent Resident(He got his residency 2009). My father applied for a green card petition for me and my brother and we received both our i-130's and it was approved and also got the letters from the department of state stating our priority dates(Aug 29, 2009). I lost my job last year and since me and my brother are having difficulties looking for work here and on the verge of losing our apartment, we decided to leave the country as soon as possible and basically wait for our green cards to be processed there. I know that this triggers the 10-year bar but is there a way that we could apply for a forgiveness or voluntary exit so that if ever we wanted to visit our mom(She's buried here in the US) we could go?
 
The form is the I-192 at: http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

INA 212 Inadmissible Aliens.
(d)
(3)
(A) Except as provided in this subsection, an alien

(i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 20a/ and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or

(ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

You are inadmissible under INA 212(a)(9)(B) - unlawful presence. Awaiver is available from USCIS or CBP only if you already have a visa. IF you need to obtain a new visa you will have to deal with the Consulate about a waiver.

The State Department updated its regulation about this on Dec 30, 2010, at: http://www.federalregister.gov/arti...nts-under-the-immigration-and-nationality-act Skip down to the bottom and there is also contact information about this at this link.
 
Thank you for all the quick replies. So that means that I cannot apply for a waiver whenever we go back(Philippines) unless we get our residency? Because I have read from the Department of State's approval letter that since our Priority dates are on August 29, 2009, it says that we are just waiting for a visa number. So it means that I'm just going to wait in the Philippines till we receive our residency or visa number till I could go back?
 
Louiev said:
Thank you for all the quick replies. So that means that I cannot apply for a waiver whenever we go back(Philippines) unless we get our residency? Because I have read from the Department of State's approval letter that since our Priority dates are on August 29, 2009, it says that we are just waiting for a visa number. So it means that I'm just going to wait in the Philippines till we receive our residency or visa number till I could go back?
Click to expand...


You will be banned for 10 years, which means your won't be able to get your green card until such time that you have served your ban. You cannot adjust your status in the US from the petition which was filed for you, you are out of status, which kills any hopes for a green card for you.
 
F2B (P.I.) is an 11+ year wait, F1 is ~7 years. An I-601 waiver is used for an immigrant visa for the unlawful presence (ULP) waiver.
 
For the Philippines the February 2011 visa bulletin lists 01JUN99 as the date for category 2B. The date may progress or not in the future, but it seems your best bet is to leave the US, and come back after 10 years, maybe your priority date will be current then. You won't be able to adjust if you remain in the US.
 
Think about it long and hard before you make a that decision, talk to your dad or something.
 
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