My situation: Have never committed a crime,felony,etc. I applied for a visa outside of the US but they (at the consulate ) found out I had been illegally in the country years earlier.He (the consular officer )gave me a 10 year bar with an option for a waiver, after waiting one year,he said.Things got difficult (economically speaking) and about year number 8 or 9,approx.,i decided to come to the USA without inspection. Years went by, now married to a US citizen.Is there a waiver for me to reapply or become legal? Thanks a lot.
In your situation, if you reentered the U. S. on or after 4/1/97, no waiver is available unless you have spent at least 10 years outside the country at which point you can apply for such waiver. If prior to that time, you might be eligible for a waiver. In the former situation, you would only appear eligible for immigration relief in removal proceedings under withholding of removal or withholding under the convention against torture. 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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