I overstayed in US and I'm barred for ten years, but I want to visit my kid
I am a French citizen.
2003 -> 2012 : I have lived and worked in US under lawful visas.
2012 -> 2019 : I overstayed in US.
2008 : I got married in US with a green card holder non-US citizen.
2015 : I had a kid with my green card holder non-US citizen wife. My kid is a US citizen.
2016 : My wife became a US Citizen.
2016 : I applied for green card as a US citizen husband (and father)
2017 : My wife broke up with me. She does not support my green card application anymore.
2018 : I am divorced.
2019 : I came back to France without my son.
I am now barred for ten years. Is there anyway I can get back to US just for a few days to see my son?
Thank you for any help or lead you could give me.
Best Answer
My wife has a 10 year bar and we tried to apply for a Waiver of Ineligibility twice. Short answer, don't waste your time and your money.
The US immigration will deny you no matter what the circumstances. We were told by the US embassy in Switzerland that they have an inside rule: no waiver during the first 7 years of a 10 year bar.
And because they will deny you under INA 214(b), you will also be excluded from the visa waiver program in the future.
Pictures about "I overstayed in US and I'm barred for ten years, but I want to visit my kid"
Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Who is eligible to adjust status even after a visa overstay?
Individuals who came to the U.S. legally and are applying for permanent residence as immediate relatives can apply for adjustments of status even with a visa overstay from within the United States using Form I-130 if filed concurrently with Form I-485, Application to Adjust status (plus supporting documents).Can I apply for adjustment of status if I overstayed?
Can I Apply for a Green Card if I Overstayed my Visa? Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).How does the US know if you overstay?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
More answers regarding i overstayed in US and I'm barred for ten years, but I want to visit my kid
Answer 2
The process to get a nonimmigrant waiver for someone from a Visa Waiver Program country is to apply for a nonimmigrant visa (e.g. B2 visitor visa). If you are denied the visa due solely to the ban, and not due to immigrant intent, and if the visa officer recommends you for a waiver, then they will let you know about the steps to apply for the waiver. See 9 FAM 305.4-3.
In your case, given your history of having lived in the US for 16 years, including several years of overstay and also having applied for a green card, you are almost certainly going to be denied the visa under INA 214(b) for failure to overcome the presumption of immigrant intent, in addition to being denied for the ban. There is no waiver for immigrant intent, so you would not even get to the stage where you would be considered for a waiver for the ban.
There is also humanitarian parole, but I really do not think your situation would qualify as an urgent humanitarian reason.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Pavel Danilyuk, Ketut Subiyanto, Gustavo Fring, Gustavo Fring