Immigration Site

I have a complicated case that I desperately need advice. Been told by lawyers that I may be put in jail or deported back to Vietnam. I do not know the status of my case right now since my green card was confiscated by an immigration officer. I have been studying here with my green card and social security number. (Even got federal aid) My dad was in the service. I left the country with plans to get married. I stayed there for seven yrs. My fiancee got me a visa K . I came back but found my fiance cheating on me and never got married. My mom then sponsored me. First interview back the immigration officer said "really easy for you, right? Come in with a visa K, then change it to your mom?" He took it and left. Now, I dont know what that means. I am now married to an American citizen, all my family are naturalized, and I have two children born here. I did have one lawyer, but he turned out not to be a real lawyer, but a bad paralegal that advised me down the wrong path.

Can you be more specific if you want advise. You need to clearly state your problem and your timeline. The above post does not make sense. Did you or did you not have a green card. If it was confiscated, when, where and why?

Let me see if I understand.

You somehow got a greencard years ago. Then you left the U.S. and stayed away for 7 years. That caused you to lose your greencard.

After losing your greencard status, you were brought back as K-1 fiance.

You did not marry the K-1 petitioner but did not leave like you were supposed to.

After remaining illegally in the U.S. building up a great deal of unlawful presence.

Your mom (?LPR or USC?) filed a petition for you.

You tried to adjust status but were denied because you were PROHIBITED BY LAW from adjusting as anything other than the spouse of the K-1 petitioner.

You eventually married a USC and and have 2 children (?born in the U.S.?).

Now you are stuck between a rock and a hard place. You cant adjust and you cant leave without having an unlawful presence bar to returning for 10 years UNLESS you can qualify for an "extreme hardship waiver" via Consular Processing.

Hope and pray that your USC spouse and/or ?USC or LPR? parent can demonstrate "extreme hardship" if you must remain abroad for 10 years. Your children are not qualifying relatives for this waiver under INA 212(i). The spouse, as caretaker of the children in your absence, if they stay with him, may only be used as pawns in the spouses claim of "extreme hardship".

Your case has no hope, the only person that you could have got you a legal status without leaving the US was your K-1 in the required time frame.
The only thing you can wish for is if once in removal fight to get a Voluntary Departure. But even that comes with a big IF.