QUESTION

what to do after 10 year bar has expired. The inadmissibility was under sec. 212(a)(9)(B)(v) and 212 (h). CIMT & for living in the US more than 1 year

Asked on May 08th, 2020 on Immigration - Georgia
More details to this question:
10 year ban, what next?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
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Any violation under the 10 year bar for being in the United States illegally under section 212(a)(9)(B) will expire at the end of 10 years. However, a bar for a crime involving moral turpitude does not expire in most cases and a waiver will most likely have to be applied for. I note that you have cited the waiver sections of the Immigration and Nationality Act and those were probably notated on the denial decision. There is a waiver for most prostitution offenses that occurred more than 15 years ago if a person has been rehabilitated and admission of such a person would not be contrary to the national welfare, safety, or security of the United States. Otherwise a waiver would have to be applied for on the basis of extreme hardship to a US citizen or lawful permanent resident spouse, parent, son or daughter. 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.    
Answered on Jun 06th, 2020 at 7:50 PM

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