QUESTION
Is there anything that can be done to my 10 year ban from entering the US?
Asked on Dec 20th, 2011 on Immigration - Idaho
More details to this question:
I am a Canadian citizen and would like to visit the US but I have a 10 year ban on me which expires in Dec.,2012. I used to live in the U.S with my mom under asylum when we filed it under visitor's visa. Our immigration never got accepted thus moved to Canada before there were any deportation orders but we did have an overstay of about a couple weeks (which is a 3 year ban) During our stay and immigration court hearings in US, the judge mistakenly deported me (not my mother) thinking i did not appear in court. How was this possible when I was under 18 and case was dependent on my mothers? I became a permanent resident in Canada, applied for a visitor's visa to the U.S and gave this information but the officer ended up placing a 10 year ban on me instead of 3. Is there anything that can be done?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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The facts do not make sense and to properly advise you we would need to see the underlying documents for the deportation and any later ban the Judge put on you. To return to the U.S. before or after your ten years is up you will need to qualify for an immigrant or nonimmigrant visa and may or may not also need a waiver.
Answered on Jan 03rd, 2012 at 9:56 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can request a copy of your file through the Freedom of Information Act. Then we can confirm. Normally there is a ten year bar for a removal order.
Answered on Dec 22nd, 2011 at 7:23 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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That is a mess. I recommend that you hire a competent attorney who is an AILA amember who can review your entire case to determine if the ban can be overturned. You are eligible to get a non immigrant waiver of the bar for a short trip as well. I recommend dealing with someone in one of the border cities, as they will be most familiar with the peculiar port of entry issues.
Answered on Dec 22nd, 2011 at 5:39 PM
Leon Wildes
You should document and prove your claim,to a 3-year ban so as to reduce the ban imposed and permit your arrival.
Answered on Dec 22nd, 2011 at 4:18 PM
Business Law Attorney serving Ketchum, ID
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Adam B. King, Attorney at Law, PC
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Yes, wait ten years. That is all.
Answered on Dec 22nd, 2011 at 4:17 PM