Is there anything that can be done to my 10 year ban from entering the US? 7 Answers as of January 03, 2012
I am a Canadian citizen and would like to visit the US but I have a 10 year ban on me which expires in Dec.,2012. I used to live in the U.S with my mom under asylum when we filed it under visitor's visa. Our immigration never got accepted thus moved to Canada before there were any deportation orders but we did have an overstay of about a couple weeks (which is a 3 year ban) During our stay and immigration court hearings in US, the judge mistakenly deported me (not my mother) thinking i did not appear in court. How was this possible when I was under 18 and case was dependent on my mothers? I became a permanent resident in Canada, applied for a visitor's visa to the U.S and gave this information but the officer ended up placing a 10 year ban on me instead of 3. Is there anything that can be done?Free Case Evaluation by a Local Lawyer!
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Feldman Feldman & Associates, PC | Lynne Feldman
The facts do not make sense and to properly advise you we would need to see the underlying documents for the deportation and any later ban the Judge put on you. To return to the U.S. before or after your ten years is up you will need to qualify for an immigrant or nonimmigrant visa and may or may not also need a waiver.
Answer Applies to: California
Replied: 1/3/2012
Marks, Calderon, Derwin & Racine PLC | Ofelia L. Calderon
You can apply for a 212d3 nonimmigrant visa waiver to come in. Your story sounds complicated though so I dont think it will be simple to sort through at the Embassy or the Port of Entry. I suggest you think about obtaining a copy of your file from both USCIS and the Immigration Court so that you really know what happened.
Answer Applies to: Virginia
Replied: 12/29/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You can request a copy of your file through the Freedom of Information Act. Then we can confirm. Normally there is a ten year bar for a removal order.
Answer Applies to: California
Replied: 12/22/2011
Law Office of Christine Troy | Christine Troy
That is a mess. I recommend that you hire a competent attorney who is an AILA amember who can review your entire case to determine if the ban can be overturned. You are eligible to get a non immigrant waiver of the bar for a short trip as well. I recommend dealing with someone in one of the border cities, as they will be most familiar with the peculiar port of entry issues.
Answer Applies to: California
Replied: 12/22/2011
Wildes & Weinberg, P.C. | Leon Wildes
You should document and prove your claim,to a 3-year ban so as to reduce the ban imposed and permit your arrival.
Answer Applies to: New York
Replied: 12/22/2011
Law Offices of Grinberg and Segal | Alexander Segal
If you were previously ordered removed, you are subject to a ten year ban. The fact that you were a derivative of your mom's asylum application did not excuse you from appearing before the Immigration Court. Also, if you were in the country illegally for more than one (1) year, you are subject to the ten year bar. However, the time you spent in the United States out of status as a minor should not have counted toward the accrual of unlawful presence. There are certain waivers available, but I would additional information to fully address your issues and the waivers.
Answer Applies to: New York
Replied: 12/22/2011
Adam B. King, Attorney at Law PC | Adam Bruno King
Yes, wait ten years. That is all.
Answer Applies to: Idaho
Replied: 12/22/2011
