I came to the united state with my parents when I was 13 years old . We asked for refugee claim but it was turned down . So we were oredered to remove .. so we left to canada and applied there and also were wre deported so we had to come back to the usa and left back to our home country when I was 17 .we left on the due date and we have a 10 years bar . Now 8 years have passed , now am 24 and I want to go back to do my masters there and also my husband is there . My question is can I come back to the united state or I wilk have to wait ?
If your husband holds US citizenship or lawful permanent residence in the US, he might be the qualifying relative for purposes of a waiver of the 10 year bar if you are thinking of immigrating to the US. Otherwise to come back as a student for a Masters, you would apply for the F-1 visa at the American Consulate and it would be refused. The consular officer could then decide whether to recommend a waiver of the bar to the Admissibility Review Office (ARO) of DHS. If agreeable, a waiver would be issued and you would be allowed to enter the US with the student visa. Factors that are taken into account for waiver purposes are the purpose of the trip including necessity for or urgency of, any extenuating circumstances, the seriousness of the violation, and whether the entry would endanger public safety or national security. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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