4 years of my 10 years ban are up and a new H1B visa petition has been approved by BCIS. Will I be addmitted to US or no? Is it possible to ask BCIS/INS to shorten a 10 years ban period?
You'll need a waiver of inadmissiability for the remaining 6 yrs. in order to be able to take advantage of your approved h-1 visa, otherwise they'll just turn you around. If you were deported previously and trying to come in like this now, you may face a permanent barr
There is no waiver of inadmisability for H1B class. waivers are only available to the spouse and children of a USC. First the USC must petition the alien, then a waiver will be asked. If alien was deported or removed at some point in the past, another waiver is needed which is I-212 which is a permission to re-enter.
actually there is a waiver for a non-immigrant visas under section 212 d 3 A - if the applicant is otherwise qualified he or she can ask for a waiver to be filed on their behalf - this waiver has much more consular discretion involved than an I 601. There are dissimiliar standards for an approval and none of them have to do with what the applicant wants, rather the focus is on the benefits to the US weighed against the action that caused the ineligibility. It is not a matter of extreme hardship, for example.
(3) Except as provided in this subsection, an alien (A) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (B) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.
ALL BAsesd for overstayer are covered in other sections mentioned here. So there are none waiver for H1B, unless he have hardship prima faciblity
you are missing a point here. I posted actual Section and I wrote that under this sectionthere are clauses (3)(A)(i)(I)........ if you check all these you will under stand what I wrote. Pay attention to the word. specially "H1B" It means there may be waiver for other non immigrant visa holders But H1B? do a little research more , eventually you will get it. IF i tell you right away that which non immigrant visa has the waiver ,it will be too easy to andwer and everyone else will be mislead by the statement. I will give you hint to search. if you find the actual debate (212) you will find the answer. H1B is not only non immigrant catogary, but ther are special visas catogary also, intra govt transfer, Ambassdors, their maids, drivers etc. you should explore these section too.
well he said that his hb1 was approved even though he removed himself or was removed 4 yrs. ago with a 10 yr. ban; either bcis made a mistake issuing him the hb1, or there is a waiver available for it (or not, whatever!).
Bottom line: if you're banned for 10 yrs. and you've got another op or visa to enter the U.S., you need the expressed permission of the AG to come back; waiver!
non immigration visa and advance parole, in both cases if alien overstayed and then try to enter back in US, the will be deported back from the port of entry. waivers (A kind of relief) is not available to H1B.( i,m not talking about other non immigrant visas)
Continuing on this 10 years bar. A friend of mine was deported and given 5 years bar for misrepresentation. She reentered the US EWI again. She's been told that even if she marries an US Citizen she will be given a 10 years bar once she goes through the consular processing. She was also told that there is a waiver for the 5 year bar but not for 10 year bar. Can someone knowledgeable enought about waivers clarify this situation.
Mohan: having done about 60 H1b waivers myself, I am afraid you are dead wrong. A non immigrant waiver is available to the H1B category, but hardship is not a determing factor.
I don't think so. Prove it, Just post it one here without Personal information.You must post the granted one, people can file any thing they want right or wrong but we need to sucessful waiver issued in H1B case. the other waiver we have is comes with the bond and that waiver is not allowed to H1Bs.
As far I know waiver to 3/10 years bar is only available to USC spouses or their children. Of course there is hardship criterial for it. I hope someone12 is right on this and other avenues do exist as he describes.
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good luck 
