My situation, any advice would help

D

djfr3nchi3

New Member
Hey my name is Jay im new this this forum and i've learned alot from it,
but I want to get some advice on my situation,
I entered the US with an European Passport in 2004 and overstayed and currently in the States up to today, I am deciding to leave and go to France since i am an alien with no SS for getting a job and such, i graduated HS in NY and since been working under the table.
My girlfriend is currently pregnant for me (she was born and raised in NY, citizen?)
I know i will face a 10 year ban from the US if I leave,
but i was wondering if i leave by land (cross to Canada n then fly to Paris > no proof of exit out of the US) what would be the chances of me coming back to the states without being denied access since there was no proof? if no proof available? what can b done?
I also heard that it is easier to process my paper thru my girlfriend (after the wedding) outside of the US...
I also read about something u can apply for to lift the ban since i have a kid in the US and the wife needs my support and I need to be with her for the kid, I forgot what it was called or what form i need to full.. I really want to come back since i'll be having a son soon and i have family/friends over here... any advice/help would be greatly appreciated...thank you
 
Forget trying any "tricks" you suck at it already.

You entered the U.S. on a Visa Waiver (?) for 90 days(?) and you want to try to sneak out through Canada and then re-enter from France with an Immigrant Visa. You hope to show that you actually left on time and have not been in the U.S. since sometime in 2004/2005.

HOW DID YOU FATHER A CHILD IN THE U.S. FROM FRANCE? HOW DID YOU MEET THE WOMAN YOU WANT TO MARRY? WHERE AND WHEN?

Canada will record your entry from the U.S. or at least your departure back to France and the U.S. and Canada share such information.
 
BigJoe5 said:
Forget trying any "tricks" you suck at it already.

You entered the U.S. on a Visa Waiver (?) for 90 days(?) and you want to try to sneak out through Canada and then re-enter from France with an Immigrant Visa. You hope to show that you actually left on time and have not been in the U.S. since sometime in 2004/2005.

HOW DID YOU FATHER A CHILD IN THE U.S. FROM FRANCE? HOW DID YOU MEET THE WOMAN YOU WANT TO MARRY? WHERE AND WHEN?

Canada will record your entry from the U.S. or at least your departure back to France and the U.S. and Canada share such information.
Click to expand...

im currently in NY! met her in High School in NY in 2006
i actually didnt know they share info...
So Im doomed?
 
djfr3nchi3 said:
im currently in NY! met her in High School in NY in 2006
i actually didnt know they share info...
So Im doomed?
Click to expand...

Let's explore.....

You speak of High School. You came here as a kid, not your own choice? You now know it was wrong and want to get things right. You have not mentioned having ever been arrested (if you had been, ICE would have got you already). LACK OF WILLFUL DISREGARD FOR U.S. LAWS IS A POSITIVE FACTOR IN A FUTURE WAIVER APPLICATION (I-601).

It might be in your best interest to turn yourself in to ICE and then request Voluntary Departure. If VD is granted, you will not suffer the normal consequences associated with having departed under and Order of Removal. TALK IT OVER WITH A LAWYER!!!

8 CFR § 240.25 Voluntary departure—authority of the Service [DHS--ICE, CBP and lastly USCIS].

(a) Authorized officers. The authority contained in section 240B(a) of the Act to permit aliens to depart voluntarily from the United States may be exercised in lieu of being subject to proceedings under section 240 of the Act by district directors, assistant district directors for investigations, assistant district directors for examinations, officers in charge, chief patrol agents, the Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, service center directors, and assistant service center directors for examinations.

(b) Conditions. The Service may attach to the granting of voluntary departure any conditions it deems necessary to ensure the alien's timely departure from the United States, including the posting of a bond, continued detention pending departure, and removal under safeguards. The alien shall be required to present to the Service, for inspection and photocopying, his or her passport or other travel documentation sufficient to assure lawful entry into the country to which the alien is departing. The Service may hold the passport or documentation for sufficient time to investigate its authenticity. A voluntary departure order permitting an alien to depart voluntarily shall inform the alien of the penalties under section 240B(d) of the Act.

(c) Decision. The authorized officer, in his or her discretion, shall specify the period of time permitted for voluntary departure, and may grant extensions thereof, except that the total period allowed, including any extensions, shall not exceed 120 days. Every decision regarding voluntary departure shall be communicated in writing on Form I–210, Notice of Action—Voluntary Departure. Voluntary departure may not be granted unless the alien requests such voluntary departure and agrees to its terms and conditions.

(d) Application. Any alien who believes himself or herself to be eligible for voluntary departure under this section may apply therefor at any office of the Service. After the commencement of removal proceedings, the application may be communicated through the Service counsel. If the Service agrees to voluntary departure after proceedings have commenced, it may either:

(1) Join in a motion to terminate the proceedings, and if the proceedings are terminated, grant voluntary departure; or

(2) Join in a motion asking the immigration judge to permit voluntary departure in accordance with §240.26.

(e) Appeals. An appeal shall not lie from a denial of an application for voluntary departure under this section, but the denial shall be without prejudice to the alien's right to apply to the immigration judge for voluntary departure in accordance with §240.26 or for relief from removal under any provision of law.

(f) Revocation. If, subsequent to the granting of an application for voluntary departure under this section, it is ascertained that the application should not have been granted, that grant may be revoked without advance notice by any officer authorized to grant voluntary departure under §240.25(a). Such revocation shall be communicated in writing, citing the statutory basis for revocation. No appeal shall lie from revocation.

SINCE YOU OVERSTAYED VWP ENTRY, YOU MUST GET A VISA IN ORDER TO RE-ENTER IN ANY STATUS--NO MORE VISA WAIVER FOR YOU. IF YOU GET VD AND ILLEGALLY RE-ENTER, YOU ARE BARRED FOR 10 YEARS---NO WAIVER AVAILABLE. RIGHT NOW, YOU FACE A 10 YEAR BAR FOR UNLAWFUL PRESENCE BUT A WAIVER IS AVAILABLE IF YOU HAVE A QUALIFYING RELATIVE. GET MARRIED ASAP--DON'T WAIT. IF VD IS GRANTED, A BOND MIGHT BE REQUIRED, IF IT IS SEE: http://www.ice.gov/doclib/news/library/forms/pdf/i352.pdf

All of that is based on an assumption that you entered on a Visa Waiver, IF you actually had a Visa (such as an F-1 student visa or as a derivative of a parent's visa), then marry your pregnant USC girlfriend and file for adjustment of status.
 
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at that time I didnt know i would get banned if overstayed (was young and this was a dream)
I havent committed any serious crime, but i got myself a summons for jumping the subway, (big deal?)
but if i leave and get married in france to my USC girlfriend, cant she file for AOS in france?
and yea it was a Visa Waiver that i entered with..
I did talk to a few lawyers but they all gave me different answers that im really not sure they know what they're talking about...
 
djfr3nchi3 said:
at that time I didnt know i would get banned if overstayed (was young and this was a dream)
I havent committed any serious crime, but i got myself a summons for jumping the subway, (big deal?)
but if i leave and get married in france to my USC girlfriend, cant she file for AOS in france?
and yea it was a Visa Waiver that i entered with..
I did talk to a few lawyers but they all gave me different answers that im really not sure they know what they're talking about...
Click to expand...

The subway thing is NOTHING to be concerned about.

If she wants to move to France then, your status in the U.S. will not matter UNTIL you want to come back before 10 years have passed. As a French citizen, you will have to look into your home country's laws and processes to figure out how to go about immigrating a fiance or spouse to France. Are you old enough? Do you meet the financial obligations, if any? Does France have a waiting list for this? Does France have any residence requirements for its citizens? (USC's have to have a U.S. domicile or be employed abroad by the U.S. government to be a sponsor on the I-864, Affidavit of Support and meet income requirements).

SEE: http://www.frenchlaw.com/Immigration_Visas.htm for simple basics (in English).

Good Luck,
 
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