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3 and 10 year bars

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  • 3 and 10 year bars

    We're afraid that my fiance might end up with a bar...he's never had an INS official, judge, etc. rule that he does. He's asked a couple of attorneys near where he is in Canada and they have said it won't apply to him. An attorney I consulted in the US said that bar probably would apply. He is setting up consultation with another attorney there. Have any of you had experience with that?

  • #2
    We're afraid that my fiance might end up with a bar...he's never had an INS official, judge, etc. rule that he does. He's asked a couple of attorneys near where he is in Canada and they have said it won't apply to him. An attorney I consulted in the US said that bar probably would apply. He is setting up consultation with another attorney there. Have any of you had experience with that?

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    • #3
      I have similar questions. I appeared before a judge before taking a voluntary departure, the judge did not say that I am barred from reentering. I didn't even know that there was a bar when I left the US. The government atterney stated that I should file v-146 form when I left the US, so that the BCIS knows that I left the US.

      Now I understand that it could apply but now sure if any of the bars apply to me. I also consulted lawyers and others and they have varying opinions. Is there a way to find out?

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      • #4
        There are some sort of hardship waivers for 3-10 year inadmissibility. Ask Mohan! He knows about it better than I do.
        SEMPER VIPER / Army Strong!

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        • #5
          From what I understand the waivers are very hard to come by, you must prove extreme hardship...but I'm wondering if INS is really implementing these bars, the whole thing seems to be up in the air?

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          • #6
            My understanding is that these barrs are applied to the full extent of the law (and beyond), this is "insider knowledge".

            As the barred person, you've got to prove with whichever means, when you actually left the U.S. If BCIS has special forms for this purpose, as Kruger suggested, it's best to have those filed then!

            The hardship waiver is to be proven for a U.S. citizen or LPR affected by the alien's barr, and the "extreme and unusual" circumstances that would arise by it. Good luck!

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