need help!!!

[edgar]

my friend has her son in NY USA; she was deported leaving the USA going back to Colombia..she originally had a visiting visa which she overstayed and has not received an approval FROM CONSULATE IN COLOMBIA to go back to the USA....

her son lives with her ex boyfriend who is not married to her legally....he does not want to give up her son.. and she wants her son back with her badly...what can she do? she would like to come back to the usa.. her son was born in the usa...

is it probable that she can come back to the usa from Colombia legally?

we need advise...am I clear on this case? we want to consult anyone here that can help..

Thanks

Edgar

[slvjvm922000]

how old is her son? and his her ex boyfriend the father?

[edgar]

her son is 8; and her ex-boyfriend is indeed the father..

Thanks.. very much for any help....it means a whole lot to her...

maybe there are waivers that she can build her own from here...I never dealt with this type of case.. but she has been told she can submit waiver or get special permision.. we are starting from ground zero here..any info is greatly apreciated...Thanks!!!!

[Laura]

Does she have another USC relative? Like a fiance, spouse or parent?

If not there is very little chance that she can return if she overstayed her visa by more than one year. She has a 10-year bar for illegal presence and will require both the I-601 waiver for that and an I-212 waiver (for the deportation). First she needs someone to petition for her (a USC relative (the son cannot petition her until he is 18 -- or 21? sorry, I am rusty after two weeks out) and then she will need either a USC or LPR spouse, fiance or parent to file waivers for her.

I don't know if she is able to get special permission only to enter the US and bring her son back to Columbia...

[edgar]

this is the right place to ask this question under need help I hope...

Thamks

[edgar]

is there a way for her to have the U.S. courts grant her custody over her son? how?

can she fight for custody of her 8 year with her alien status as is? how?

If anyone knows would greatly appreciate any info....

Thanks!!!!!!!!!!!!!!!!

[blueblue]

Technically she could get a visitor visa and I-192 waiver as a non-immigrant. Whether they would grant it or not given the prior overstay is another thing. She would have to have proof of the child and pending custody hearing and have REALLY strong proof of current ties to Columbia that she would return. Definately would talk to an attorney on this situation.