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I am outside the United States and have an approved I-130. Now I want to pursue having an Immigrant Visa. What are the steps? Please note I overstayed my B1/B2 visa and maybe be inadmissable because of overstaying.
Optional Information: State/Country relating to question: Philippines Already Tried: Nothing - I have an approved I-130
How long did you Overstay your B1/B2 visa?
Who filed the petition on your behalf?
My U.S. Citizen daughter, The petition was approved February 2012 in Maryland United States. I've been illegally overstaying in the US for over 20 yrs.
Thank you for your response. As you have accrued over one year of unlawful presence, you would unfortunately have a ten year bar or ban from returning to the United States. However, you would need a I-601 waiver to forgive your unlawful presence in the United States based upon a showing of extreme hardship by an immediate relative U.S. citizen or lawful permanent resident status. Such factors that are considered with respect to the waiver approval are whether the U.S. citizen has serious medical conditions that require the beneficary to take care of the person, whether the US citizen or lawful permanent resident has the ability to relocate to the beneficary's home country, and any other personal circumstances that tend to show extreme hardship.
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