Hi, My asylum has been denied by the IJ 2 years ago and was given VD. I appealed the decision within the time frame to the BIA and the BIA dissmissed the case and gavie VD. And I appealed the case to the federal court. The federal court denied my case for view March 25th of this year. I left the country for Canada on May 10, 2004 and sought asylum here. Before I left I received a notice from the detention officer to appear at his office. My questions is will I be barred to enter the US for 10 years. If that is the case is there any way to file a waiver? Thanks!
I am not sure if you will qualify as having been unlawfully present (my guess is not, but I don't know) - which means I am not sure if you will qualify for the 10 year bar or not. If you do, the only waiver I am aware of is the I-601 which is for spouses of USC/LPR.
When BIA gave you V departure time and you didnot leave but filed in circuit court, Did you filed stay also? if not then you will be bar for 3-10 years.
who filed the circuit court appeal? did you filed As pro see ? there are different requirements for circuit court's appeal. if your attorney filed it the he supposed to tell you that stay is not automatic and it will not tolled the v Departure paried unless stay is filed. only Ij's appeal have automatice stay.