I-601 waiver for overstay application

[spicegirl]

I overstayed my visa by over 15 years. During my stay in the US I had 2 children. Earlier this year I made a decision to return to my home country, and I did, but turns out that the kids are miserable. They don’t speak the language and one of them has a mental illness that was well controlled in the US and is not handled here due to the language barrier.
I want to apply for a waiver so I can visit the US on a tourist visa with my US citizen children.
what are the odds of it being granted? Should I get a lawyer or is there a chance of filing it myself? I don’t know what the lawyer adds, it’s the same story. Any help would be appreciated, my kids are suffering and I feel awful for leaving.

[newacct]

What visa did you enter on?

I-601 is for an immigrant waiver. Coming as a tourist is a nonimmigrant status, so you would need a nonimmigrant waiver. Assuming you are not a Canadian citizen, the process for applying for a nonimmigrant waiver is that you apply for a visa at the US consulate, you get denied, and then if 1) you are denied solely due to the ban, and not also due to immigrant intent, and 2) the officer recommends a waiver, they will forward the recommendation to USCIS. However, give your long overstay, you are very likely to be denied for immigrant intent, which cannot be waived; and even if you weren't, the officer most likely would not recommend a waiver.

Your children are US citizens and so can go to the US at any time. But you would not be able to go with them, probably until you are able to legally immigrate to the US (based on your child's petition or some other basis).

[HFM1919]

why should anyone care? your own irresponsibility created this situation - and your brats can come and go as they please...you, not so much. No CO with more than 5 minutes experience would foolishly give you back the very privilege you trashed the last time you were given it.