I understand that if someone previously overstayed a visa waiver (ESTA) by 6 years, that person should be banned for 10 years.
Now to be banned, you need to accumulate more then 365 days of overstay.
Now the law says that you DO NOT start accumulating days if you have a pending case with the immigration offices for asylum.
Now if after 6 years of pending asylum case you are being denied asylum (and ordered removed), and you leave voluntarily, will you be banned from re-entering?
- I entered originally in 2011 (through LAX, on ESTA).
- Applied for asylum in 2012 (within 1 year of entering).
- 2017 denied asylum, ordered removed.
- Left US in 2017 right away voluntarily.
- Now having same original passport, just applied for new ESTA, was approved.
Also, we applied WITHIN the 90 days limit, so we never stayed there NOT even a single day illegally.
In this case, will I be banned from re-entering via LAX (on VWP)?