Visa Expired March 2001 Help Required

I

inet-projects

New Member
Hi,

My Daughter went to America in 2001 with her husband on a British Passport with the intention of obtaining a Green Card via her husbands parents who are residents.

They travelled to America on a 3 month Visa

They filled out a Green Card Application while there and was informed it could take 5 - 7Yrs and if they left the country they would probably not be let back in because of there Green Card Application, so they stayed in America supported by his parents.

This turned out to be a strain on the marriage and they split up and got divorced, My daughter did not want to go back to the UK as she loved America and stayed. She went to a lawyer and she said that she was neither Illegal or Legal and again she didnt want to leave as she felt she would not be able to get back.

She has head about a Blue Card ???? is this correct, Apply and you can stay for 3 years and you can travel work etc, after 3 years you apply again and after that you can get either a Green Card or Citzenship (Is this correct?? what is this called ????)

She has a Tax Number, Bank Account, Lease to a flat, and a ID Card.

Is there any way she can legally stay ??????

Any info will be much appeciated.

Thanks for any info......
 
Thanks alot for the info.....

Joef

Thanks alot for the info..... this would of taken me hours to find out, Thank you.

One last question, if we get her to see sense and she leaves America, will anything happen to her as she leaves or will they just let her go ??????

Best Regards and Big Thanks
 
Thank You

Hi Joef,

Thanks again for the info, I will now try and get her to do the right thing, but it might take some time. Thanks again.

DC
 
JoeF said:
There are no exit controls, so she can just hand back the green I-94W she should have in her passport to the airline when she checks in and that's it.

There is a procedure to maybe avoid the 10-year ban, but that is fairly unknown and quite dangerous without a really good lawyer. I don't recommend that, and mention it here only for completeness.
Essentially, the idea is for the foreigner to turn himself in to the authorities, which then initiate removal proceedings. The lawyer may then be able to argue for "voluntary departure." It is up to the immigration judge to grant that. And it is not clear if voluntary departure would really wipe out the 10-year ban. It would probably be a long and expensive legal battle, and that's why a really good lawyer would be needed.
For some details on it, see http://library.lp.findlaw.com/artic...or Deportation/filename/immigrationlaw_2_3977
The article warns: "In most cases, voluntary departure is a poison pill, however, there are limited circumstances where the poison becomes a remedy."
Click to expand...

Voluntary departure helps with the 3 year bar. Once you trip the 10 year bar you're cooked and need a waiver to renter the US. Generally, it is a mistake to accept Voluntary Departure in most cases.
 
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