Need to leave US for and chances to coming back

#1
Hi, I'm asking for my sister - she has been living in US for 15 years, entered on a tourist visa and now has a 10 years old daughter (US citizen) with a spouse that also has no legal status. My sister now needs to leave the US to attend our mother's funeral in Czech republic (EU). What she can do to be able come back to her family in US after that?
Thank you!
 

SusieQQQ

Well-Known Member
#2
She’s been illegal for 15 years? She’ll face a 10 year ban on exit. She can apply for a visa to return after the 10 years is up.
When the child is 21 the child will be able to sponsor the parents for green cards, assuming the IR5 category still exists then.
 

1AurCitizen

Registered Users (C)
#3
Seriously, you're asking on behalf of two people who continue to break US laws? Jeez

She can forget a tourist visa. She will be subject to a 10-year bar on reentry upon leaving the US. And she has no basis for a spousal visa.
Her only viable option comes 11 years later with her US citizen child sponsoring her when the daughter turns 21 AND has a US domicile.
 
#4
Ok, so I understood the legislation and procedures correctly. I just somehow couldn't believe how absurd it is, given the fact that in reality US ecosystem enables them to be working, paying taxes and to proactively contribute to the US economy, which is after all vitally dependent on illegal immigrants workforce. So yes, I was asking on behalf of two people breaking US laws. The laws which are apparently detached from reality and simply hypocritical (probably only due to populistic political reasons). However I was primarily asking on behalf of one US child, the primary school pupil, that would be the main victim of the likely consequences. Anyway, thank you for your clarification.
 

1AurCitizen

Registered Users (C)
#5
All this after entering on a tourist visa? How did she get a job? All employers are expected to check work authorizations before hiring an employee.

Imagine other genuine Czech republic B2 applicants who got denied because others (like your sister) abused the privilege granted her.
 

SusieQQQ

Well-Known Member
#6
Absurd? I agree it’s absurd that they have thought it’s ok to live and work here illegally for 15 years and don’t expect any consequences for that. I’m glad to hear that at least they are contributing through taxes to the services, infrastructure etc that they use.
I agree it’s a terrible shame that the child will be a victim of the bad decisions her parents made. Still, she will always retain the benefit of her US citizenship so she does have that.
 

Jbuff

Active Member
#7
Hi, I'm asking for my sister - she has been living in US for 15 years, entered on a tourist visa and now has a 10 years old daughter (US citizen) with a spouse that also has no legal status. My sister now needs to leave the US to attend our mother's funeral in Czech republic (EU). What she can do to be able come back to her family in US after that?
Thank you!
To keep it short. Your sister can go for the funeral but she won't be allowed to return home to the states. As stated she would face a 10 year ban.

Unfortunately Having a US citizen child doesn't help you in this case until that child is 21.
 
#8
Absurd? I agree it’s absurd that they have thought it’s ok to live and work here illegally for 15 years and don’t expect any consequences for that. I’m glad to hear that at least they are contributing through taxes to the services, infrastructure etc that they use.
I agree it’s a terrible shame that the child will be a victim of the bad decisions her parents made. Still, she will always retain the benefit of her US citizenship so she does have that.
Well, they've been very well aware of the consequences, unfortunately the existence of the consequences has nothing to do with the possibility to solve such issue. I was looking for a useful advice, not the patronizing opinions based on ignorance and lack of comprehension. You being judgemental and blaming them for "making bad decision" is truly inappropriate. Facing the reality of approx 20-40 million immigrant population with no legal status yet creating the integral part of US economy without which it would collapse within days (I haven't met many US citizens or LPRs working on the construction sites or waiting the tables in restaurants), it seem the only ones to blame for making the continuous bad decisions are the recent US administrations.
 

1AurCitizen

Registered Users (C)
#9
If you post information about someone living illegally in the US for 15 years, you are going to get a wide spectrum of opinions on a public forum. Face it! I suggest talking to an immigration lawyer if you're sensitive and can't handle the biting truth. Lawyers are going to say the same thing as us volunteers, but charge hundreds or thousands of dollars.

Visa applicants who go the legal route wait patiently for years to be united with their loved ones in the US. Your sister and her out of status hubby is not going to get empathy when they're breaking US laws. The employer(s) who hired them is also to blame. Spare us the 'integral part of economy' spiel. I don't see the US economy collapsing within days. All in all, sadly the innocent child suffers in all this.
 

SusieQQQ

Well-Known Member
#10
You can keep on trying to rationalize their decision all you want, it doesn’t change the facts. This law (overstays/bans) has been in existence since well before they made their decision to stay illegally, so they should have been aware of the consequences all along.

Interesting that you check the credentials of every table waiter you come across. Many of them of course are USC/LPR students working part time. (Including my older child, by the way.) I guess you didn’t ask them. And how many construction sites do you frequent? Are we to assume you too are working here illegally that you can claim with such authority that all construction workers & waiters are illegal?

Sorry you’re not hearing what you want to hear. Ten years or so, then they can be legal if the kid sponsors them.
 
#11
The best answer to all this is DO NOT LEAVE because you wont be able to come back even after the 10 year ban you will face, there is no grantees that you'
ll be able to comeback, yes she has an American Kid this does not grant you any benefit or relief (at the moment) don't make the kid suffer stay where you are
 

ananga73

Registered Users (C)
#12
Ignore the self righteous pompous trolls. Simple answer is no she cannot return because she will have a ten year ban. After the ban, her adult daughter ca file for her.

I want to offer another perspective. If your sister was away from your mother for the past ten years while her mother was alive, what is the point in going for the funeral? The living are more important than the dead. The dead know nothing and I don’t see how attending the funeral will make up for all the lost time. But that’s just me waxing philosophical and being practical.
 
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