Since me and my husband are not us citizens does any one of us have got legal rights to stay in the usa for children education as they are going to live rest of their lives there and would require us education?
I had a B2 visa that the us immigration dept. cancelled under I275 as they noticed that I was pregnant and have been deported. Can I apply for a fresh visa and what are the chances and how about if I want to accompany my kids for education since my husband does not want to go there? I am concerned about my children education only and am now in a bad situation. any legal opinion, consular advice, personal experience about how to reapply and get visa eithter through petition or other means is highly apprecited.
2007-11-25 00:21:47 · 6 answers · asked by Anonymous in Politics & Government ➔ Immigration
Yak Rider's response is accurate enough. Even if you put the question of being deported aside for a while, your children are not able to sponsor you for any sort of visa into the US, until they become adults, at which point one of them could file an immigration petition for you. Otherwise, their citizenship has no effect on your visa request.
While Fred S is not altogether wrong that no one here can say that you will or won't get a waiver, since no one here will actually make the waiver decision, the more experienced answerers can predict the outcome with a reasonable degree of accuracy, and Yak Rider would qualify in that group. However, in order to be considered for a waiver, first you have to be approved for a visa. It doesn't take any special powers to predict that the probability is close to zero that anyone would approve you for a tourist visa again given your prior record. Not for quite some time at the very least. No one can stop you from applying but you would be wasting your time and money. At the moment, you don't appear to have any eligibility for any other sort of visa, and as you said, your husband has no desire to return.
2007-11-25 03:12:56 · answer #1 · answered by George L 7 · 3⤊ 0⤋
No you can not come back through your children. Your children will be able to come back and live in the States, as they were born here and should hold dual citizenship. Once they reach 21 years old they can sponsor you until then you do not have the right to live in the US because your children are US born.
As for getting a visa to come and live here so your children can go through regular school K-12, there is no visa for this.
2007-11-25 06:57:38 · answer #2 · answered by Mama~peapod 6 · 1⤊ 0⤋
Your children can attend school. That's obvious.
If your H1B status has expired, that's not going to help you. If your B-2 visa was canceled and CBP executed Form I-275, it sounds like you were found inadmissible at a port of entry when you applied for admission using your B-2 visa.
If that's true and your were ordered removed at a port of entry, you are inadmissible for five years from the date of the expedited removal order.
If you were ordered removed by an immigration judge as other than an arriving alien, then you are inadmissible for ten years from the date of the order.
You can apply for a "fresh visa" as you put it, but your application will probably be denied. If the visa officer discovers that you have been deported, then he'll deny the application.
Even if you received a visa, the CBP officer at the port of entry would be alerted to your previous deportation when he checked your name. Then you could be ordered removed again, and that would trigger a 20 year bar. It would be unwise to apply for admission unless you were granted a waiver of the grounds of inadmissibility first.
The chances of you receiving a waiver of the grounds of inadmissibility cannot be determined by anyone reading your question in Yahoo. A review of your file would be needed to answer that question.
2007-11-25 02:51:28 · answer #3 · answered by Fred S 7 · 1⤊ 2⤋
No, there's no way either you or your husband can live in the United States due to having American born children. The children, however, can stay in the United States with friends or family members.
2007-11-25 02:25:50 · answer #4 · answered by Yak Rider 7 · 1⤊ 1⤋
There is a ten year ban on your applying to come back since you were here illegally, and were deported. Of course, your anchor babies can stay, perhaps with legal relatives, here, but you are not welcome for 10 years.
I am sure your country offers education for them, and I suggest you enroll them in school.
2007-11-25 01:34:12 · answer #5 · answered by Anonymous · 1⤊ 1⤋
I agree with JUSTME. You were here illegally in the first place and trying to take advantage of staying here by exploiting your kids.
2007-11-25 03:16:41 · answer #6 · answered by Big Bear 7 · 0⤊ 1⤋