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In 1992 my now husband and I entered the USA through the Canadian border. We were never asked for our passports and were not issued an I94. We stayed in America until 2013 when we had to return to England for a family emergency.

My daughter is a US citizen and turns 21 in 2015 if she sponsored myself and my husband would we have to serve our 10 year ban?

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    Welcome to travel.SE. What visa do you intend to apply for?
    – Karlson
    Commented Feb 4, 2014 at 14:32
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    Have you been served with a ban? Did you come to the attention of the authorities during those 20 years? Or do you just feel that when you apply, they will issue a ban?
    – Kate Gregory
    Commented Feb 4, 2014 at 14:37
  • @KateGregory The ban is not being served. It is checked at the time of application for a visa (VWP or otherwise). There is a possibility of having it waived but it is dependent on the visa type applied for and will possibly need to wait for "Expatriates" to go beta to be answered.
    – Karlson
    Commented Feb 4, 2014 at 15:06
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    This sounds like the kind of problem you should be asking an immigration lawyer about. This situation could potentially become very complicated for you and asking about it on the internet is unlikely to get you an appropriate answer.
    – Greg Hewgill
    Commented Feb 4, 2014 at 20:28
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    @maureen solferino care to update us...? How did it go?
    – user4188
    Commented May 15, 2016 at 8:53

1 Answer 1

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She can petition for you, but you cannot get the actual immigrant visa until your ban is over. So she should wait until your ban is almost over to petition for you.

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    This is not entirely accurate for immigrant visa and not accurate for non-immigrant visa.
    – Karlson
    Commented Feb 4, 2014 at 20:21
  • @Karlson: how is it not accurate?
    – user102008
    Commented Feb 4, 2014 at 21:27
  • Because there is a ban waiver available for some immigrant visa types under some circumstances and secondly it is still unclear which visa the OP is trying to apply for.
    – Karlson
    Commented Feb 4, 2014 at 21:34
  • @Karlson: I didn't say there was no waiver. But a waiver is an exceptional procedure, requiring an exceptional circumstance. Not mentioning all potential exceptional procedures does not make it inaccurate. What I said is exactly what the law says -- someone with that inadmissibility cannot get an immigrant visa. If they get a waiver, that is still consistent with what I said -- if they waive the ban, then there is no "ban" anymore. Also, the waiver according to INA 212(a)(9)(v) only applies to spouse or child of a U.S. citizen or permanent resident, so there IS NO WAIVER in this case.
    – user102008
    Commented Feb 5, 2014 at 0:37
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    @happybuddha They might. For 2015 it's still there
    – Karlson
    Commented Feb 5, 2014 at 22:56

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