6

I have found stories related to mine but I have a very different situation.

My family and I moved to United states in 2004, when I was 9 years old. We overstayed our visas and after 2 years of overstaying, my father filed for political asylum in the States. During this process we received temp work authorization cards, social security numbers, and we were living legally for 6-7 years (my parents paying taxes and all). But, after our last trial at court, the judge denied our case and ordered removal, so we had to leave, 1 year after this order we have left the country voluntarily, I graduated high school in the US and once I graduated I left the country in 2011.

I have been living in my country since then, I graduated from university with a masters diploma, I got married and have 2 kids, have a good job, and a house. After these years I have a lots of nostalgic moments, I have friends in the US that I really want to see, there are places I really want to visit again with my husband, I have no other interest for staying in the US, just want to receive a visa so I can be eligible to travel during vacations.

I applied for b1/b2 visa about 2-3 years ago with my husband, my husband received his visa but mine got denied because of my overstay, a consular officer said I've been barred from entering the US for 10 years and suggested to try in couple years when this 10 year bar is gone.

well now I can't do anything but wait, but my best friend is getting married in October and she really wants me to be her bridesmaid, I was thinking of reapplying for a visa just to try , since now I have 2 kids that I'm leaving here I definitely have strong ties to my country.

Please suggest if I should reapply for visa or what is it that I can do to receive a temp visa?

  • How old were you when you left the US? I suspect that the consular officer applied the law incorrectly, because that ban does not apply to unlawful presence accrued before the 18th birthday. – phoog Aug 22 at 10:51
  • 1
    i was 17 at the time when i left the country – mashka Aug 22 at 11:03
  • 1
    Can you find the specific section of the immigration law that was cited in your refusal? – phoog Aug 22 at 11:09
  • 2
    Yes. The removal order affects you even if you are a minor. I deleted my answer because I have to revise it. The duration of the ban depends on the specific section of law under which the removal was ordered (do you know what that was?). I will revise and undelete my answer in an hour or two. – phoog Aug 22 at 12:07
  • 1
    @phoog: A removal from inside the US (as opposed to removal at arrival) will trigger a 10-year 9A ban. – user102008 Aug 23 at 0:05
2

If you have a ten-year ban then you have a ten-year ban. A ban doesn’t mean much if you can simply reapply so it really means a ban— a ban is a ban. The ban starts the day you leave so if you left in 2011 then it expires in 2021. Keep documentation of when you left for this reason.

The only way to get a visa would be to first have the ban lifted. However, such waivers are extremely difficult to obtain even if you have family legally in the USA such as a spouse or parents. The criteria for immigrant visas for example is “extreme hardship” for your American family members (not hardship for you, I should note) which is a high bar. They certainly won’t waive it for a friend’s wedding.

Ask if your friend can hold the wedding in Canada or Mexico.

Until then, you might see if your ban was improperly applied given your circumstances (criteria here) and consider hiring an immigration lawyer in the USA to try to have the ban overturned or waived. This will take months if not years and a lot of money. With the current administration, you may have more luck just buying lottery tickets.

  • "The criteria is “extreme hardship” for your American family members" You are thinking of the immigrant waiver for the unlawful presence ban, which is not relevant here, because 1) the OP is seeking to enter as a nonimmigrant, and so would need a nonimmigrant waiver, and 2) the OP doesn't have an unlawful presence ban, but rather a ban for being removed. – user102008 Aug 23 at 0:09
  • @user102008 thx. Will edit. – RoboKaren Aug 23 at 0:44

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.